Social Media Policy

Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media... more +
Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media accounts and profiles. The development and enforcement of Social Media Policies can be a controversial issue. For example, some Social Media Policies have been subjected to scrutiny by the National Labor Relations Board for being reasonably interpreted as discouraging "protected concerted activity."  less -
News & Analysis as of

Five Social Media Law Issues To Discuss With Your Clients

The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this muddled legal landscape will have them clicking “like” in no...more

The Aftermath: Developments From The 2015 Session of The Connecticut General Assembly Affecting Schools

The 2015 session of the Connecticut General Assembly has just concluded. A comprehensive summary and discussion of laws that were passed during the 2015 session will be forthcoming from this firm after the Governor has acted...more

Oregon Legislature to Employers: Stay Out of Employees’ Personal Social Media Accounts!

As we noted a while ago, Oregon recently joined the growing number of states that prohibit an employer from demanding access to an employee’s personal social media account. An Oregon employer may not require an employee or...more

MIND YOUR OWN BUSINESS!: New Employment Laws for Social Media Accounts

The Nutshell - Effective July 1, 2015, Virginia Code § 40.1-28.7:5 prohibits employers from requiring that current or prospective employees disclose information about their personal social media accounts....more

Hack Attack?

Breathing a sigh of relief that he neither works for U.S. agencies requiring security clearances nor do his hiring policies require the details of mental illnesses, drug and alcohol use, past arrests, bankruptcies, Joe Hyre...more

Trendsetter or Outlier? Oregon Adds New Twist to Password Protection Laws

Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more

Oregon Amends Social Media Law

About two years ago, Oregon enacted a law restricting employers from accessing the personal social media accounts of their applicants and employees.  For more on the law, see our prior client alert. Last week, Oregon’s...more

Connecticut Limits Employer Access to Employees’ Personal Online Accounts

On May 19, 2015, Governor Dannel P. Malloy of Connecticut signed Public Act No. 15-6, entitled “An Act Concerning Employee Online Privacy” (“Act”), which will prohibit employers in Connecticut from requiring access to their...more

Jones, Skelton & Hochuli Reporter - Summer 2015

- In this Issue: - Has Exposure to Punitive Damages Increased in Arizona? - The Different Warranties Covering A Contractor’s Work - The Frustrating EEOC Conciliation Process - Demanding Access to...more

Community Banking Excellence - Issue One 2015

In This Issue: - Another Perspective - Facing Merger Challenges. In 5, 4, 3, 2, 1.... - Real Property 101 for Community Bankers in the Spilman Footprint - Facet One of Social Media and Community Banks - Employees...more

Connecticut Governor Signs New Social Media Privacy Legislation

As we have frequently reported in this blog, social media privacy issues increasingly permeate the workplace. For example, earlier this year, Montana and Virginia joined a growing number of states in enacting laws...more

Connecticut Restricts Employer Access to Personal Social Media, E-mail and Online Retail Accounts of Employees and Applicants

On May 19, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute restricting an employer’s ability to gain access to social media, e-mail and other personal online accounts of employees and job...more

American Hospital Association Releases Social Media Guide

On May 13, 2015, the American Hospital Association (AHA) issued “A Hospital Leadership Guide to Digital & Social Media Engagement.” The Guide is as hip as can be for the AHA, and provides easy to understand and practical tips...more

Is Your Social Media Policy Overbroad?

The NLRB’s Office of the General Counsel recently published an advice memorandum regarding an employer’s social media policy that provides yet another example of the NLRB’s disapproval of policies that use overbroad language...more

New Connecticut Online Privacy Law Protects Prospective & Current Employees

Last week, Connecticut Governor Dannel P. Malloy signed a law to protect prospective and current employees from employer interference with their “personal online accounts.” The new law, which will take effect on October 1,...more

New Law Limits Virginia Employers’ Access to Social Media Accounts

Effective July 1, 2015, employers in Virginia will be prohibited from requesting usernames and passwords for social media accounts of current employees or applicants. Specifically, Va. Code 40.1-28.7:5 will prohibit...more

Ah, Social Media: Blurring the Lines Between Work Life and Personal Life

Andy Warhol is quoted as saying, "In the future, everyone will be world-famous for 15 minutes." How prophetic you were Andy. These days a single post on social media can travel around the world faster than you can say Snap...more

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

New Virginia Law Restricts Employer Access to Employees’ Social Media Accounts

Add the Commonwealth of Virginia to the ever-growing list of states (now 19) that have enacted legislation to restrict an employer’s ability to seek access to current employees’ or job applicants’ social media accounts. ...more

Virginia Restricts an Employer's Ability to Require Access to Employees' Social Media Accounts

Effective July 1, 2015, Virginia will join the growing list of states (including Arkansas, Colorado, Illinois, Louisiana, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, Tennessee,...more

Virginia & Montana Pass Employee Social Media Privacy Acts

Employers in Virginia and Montana that want to connect with their employees online may now have to wait for their employees to “like” them first, thanks to a pair of bills recently enacted. On March 23, Virginia Governor...more

NLRB Punishes Employer for Past Unlawful Handbook Policies Despite Employer’s Attempt to Repudiate

In Boch Imports, Inc., the National Labor Relations Board (NLRB) found that the employer, a car dealership, violated the National Labor Relations Act because the dealership’s social media and dress code policies were...more

Virginia May Soon Join Maryland in Prohibiting Employers from Asking for Social Media Passwords

Virginia appears poised to join Maryland and a handful of other states that ban employers from asking current employees and applicants for access to their social media accounts, like Facebook....more

Will the Second Circuit “Like” the NLRB’s Recent Stance on Social Media? An Update on the Facebook “Like” Firing Case

The NLRB last week filed its brief at the Second Circuit Court of Appeals in the well-publicized Facebook “Like” firing case, Three D, LLC v. NLRB. Prior to the appeal, we discussed the NLRB’s August 2014 ruling here as part...more

Best Practices in Social Media for Employers Part 4 – Social Media: Post-Employment Considerations

After the employment relationship is terminated, employers should be aware of former employees’ social media activity to ensure continued compliance with any post-employment obligations, including nondisclosure of proprietary...more

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