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

News from the Vermont Statehouse An - Analysis from DRM’s Government & Public Affairs Team - March 2017 #2

The House Ways and Means Committee is considering a proposal from the Vermont Department of Taxes to reduce the amount of use tax a person can pay without providing records to prove his or her tax liability. The rate would...more

Where Are Your Employees? (Hint: It May Not Be Facebook Anymore)

I recently gave a presentation on social media to a local non-profit and had the opportunity to review some of the latest statistics when it comes to the use of social media. Frankly, I knew that there has been a shift...more

Does Your Social Media Policy Apply Globally?

The surprising EU perspective - Drafting a global social media policy is a balancing act. Employers need to protect their legitimate business interests, but must do so with respect for the employees’ rights to freedom of...more

What’s in a “Like”?: Tips for Employers and In-House Counsel in Crafting Social Media Policies

Your colleagues are on social media. Ninety-seven percent of online adults aged 16-64 say they have visited or used a social network within the last month. Because social media continues to grow and constantly evolves,...more

Think Twice Before Tweeting up a Storm

One of the more memorable lines from 1989’s Steel Magnolias is “if you can’t say anything nice about anybody, come sit by me.” That sentiment— referred to as “schadenfreude” in German — is amplified on social media, and this...more

2016 Labour and Employment Law – A Year in Review (in 140 characters or less)

As we close out the first month of 2017, we thought it appropriate to briefly review the cases which caught our eye in 2016 in 140 characters or less...more

[Event] Stay Ahead: Nossaman's 2017 Emerging Employment Issues Seminar - Feb 8th, 9th,15th & 16th - Four California Locations

Please join us for this complimentary presentation on cutting-edge employment law issues. California and federal employment laws are constantly developing and evolving so it is essential for human resource professionals and...more

Live Streaming: The Privacy Concerns of Behind-the-Scenes Access

A professional football team clinches their playoff spot in an upset game, then hits the locker room for a celebration and an inspirational pep talk from their winning coach. The perfect application for livestreaming, one...more

Fourth Circuit Rejects Police Department's Social Media Policy on First Amendment Grounds

Most of the recent legal controversy over employer enforcement of social media policies has involved employees’ concerted activity rights under the National Labor Relations Act. However, a recent case from the Fourth Circuit...more

Gavel to Gavel: Social media – pitfalls and practicalities

Recent statistics indicate most adults who use the Internet use social networking sites and at least half of the employees in the global workforce have posted online messages, photos or videos about their employer. As...more

Erecting a Legal Defense Through Social Media

I hope you had a very happy holiday season and New Year. Both seem to be distant memories at this point. Many of the upcoming posts in 2017 will undoubtedly address, and be impacted by, the nature of the new Trump...more

Employment Law 2016 Review

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

It’s Still The Relationships, Stupid – 2016 Wrap Up (Part 2 of 2)

It is this time every year, as I am wrapping things up over at “social media and employment law blog” central, – and particularly in this latest political election year – that I am reminded of that election campaign more than...more

Policing Social Media Policies

Police officers in Petersburg had a First Amendment right to post to Facebook their complaints about their police department. A department policy limiting social media postings was unconstitutional. So held the U.S. Court...more

The National Labor Relations Board’s Crackdown on Social Media Policies

If your company has a social media policy in its handbook, that policy is in the crosshairs of the National Labor Relations Board (NLRB). The NLRB is the agency that enforces the National Labor Relations Act (NLRA), which,...more

NLRB Says Social Media Policy Cannot Prohibit Employees from Posting Pictures of Company Uniforms

At least for now, the National Labor Relations Board (NLRB) continues its assault on employer social media policies. In a recent Board decision, G4S Secure Solutions (USA), Inc., the majority declared a variety of policies...more

NLRB Continues to "Like" Enforcement over Social Media Policies and Related Issues

In recent years, the National Labor Relations Board (NLRB) has focused attention on company policies that attempt to limit employee engagement in social media. Specifically, the NLRB has consistently taken the position that...more

[Event] The Most Significant Employment Law Developments of 2016 - Jan. 18th or 25th, Mountain View or San Francisco, CA

2016 brought several employment law developments that will undoubtedly affect your workplace. The Fenwick & West Employment Practices Group invites you to attend its annual complimentary briefing to learn more about the most...more

2017 Labor & Employment Laws: New Year, New Government, New Challenges

On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and...more

5 Key Takeaways from My Long List of Regulatory Changes Shared at ECVC2016

As 2016 draws to a close with a major political transition underway in Washington, D.C., organizations already dealing with a rapidly evolving regulatory environment now face uncertainty regarding whether some of the new...more

Addressing Post-Election Tensions in the Workplace

As the extreme rhetoric of the 2016 presidential campaign slowly wanes, the divisions it exposed remain raw. Many Americans celebrate the election of President-elect Trump, while many others continue to express concern about...more

Smartphone blunders in the workplace

In a world where smart phones and apps are evolving faster than you have time to update them, it’s important to take a moment to reflect on the potential for inadvertent disclosure and self-sabotage in the workplace....more

NLRB Continues to Click “Dislike” on Social Media Policies

As the National Labor Relations Board (NLRB) continues its assault on employer personnel policies, certain policies seem to be getting particular attention. Various recent NLRB opinions have imposed a number of limitations on...more

Firing Employees For Private Facebook Posts: Employers Should Proceed With Caution

The recent filing of a lawsuit by a former television anchor against her former employer has magnified the need for employers to have a sound and meaningful social media policy. Former Pittsburgh, Pennsylvania news anchor,...more

Asking Employees to Retweet an Employer's Tweet May Subject Employers to Fines in Illinois

Can employers ask employees to “like” an employer’s Facebook page or “retweet” tweets? According to the newly amended Right to Privacy in the Workplace Act (Act), Illinois employers may be subject to fines and found guilty of...more

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