News & Analysis as of September 23, 2024

Employer Liability Issues

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New York Employers Be Aware – Social Media Access Law Takes Effect

Proskauer - Law and the Workplace on 3/29/2024

New York employers should take note of a new law that recently took effect that impacts their ability to access applicant and employee social media accounts. The law applies to all employers covered by the New York Labor Law...more

Arkansas' Social Media Statute: What It Tells Us, What It Doesn't

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/24/2020

In August 2013, Arkansas enacted a statute intended to regulate employers’ ability to access social media account of employees. This statute, entitled “Social Media Accounts of Current and Prospective Employees,” applies to...more

Don’t Let Technology Run Away With Your Customer Information

Payne & Fears on 7/11/2018

For many companies, customer information ranks among its most important assets. Yet these days, employees often keep this sensitive customer information in electronic locations that are not readily accessible to or controlled...more

New Maine Social Media Privacy Law Takes Effect October 15, 2015

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/12/2015

Maine has become the latest state to restrict employers’ ability to access social media accounts of employees and applicants. A new Maine statute, which will go into effect on October 15, 2015, prohibits a broad range of...more

Blocked: Managing Social Media at Work Under Virginia’s New Privacy Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/2/2015

With social media pervading all facets of society (no less than 67 percent of Americans are regular users), businesses have long been concerned with their employees’ potentially detrimental social media activities. As these...more

Social Media Employee Privacy Laws – The New Majority Approach?

McGuireWoods LLP on 9/29/2015

As the old Bob Dylan song goes, “the times they are a-changin’.” While I suspect his message may have been intended for a more meaningful topic than social media employee privacy laws, his words do ring true. When Maryland...more

Connecticut Joins States That Protect Personal Online Accounts of Employees

Proskauer - Privacy & Cybersecurity on 7/9/2015

Connecticut has joined a list of twenty-one states with a statute designed to preserve the privacy of personal online accounts of employees and limit the use of information related to such accounts in employment...more

Hack Attack?

Gray Reed on 6/23/2015

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

Virginia Joins Nationwide Trend Limiting Employers’ Access To Employees’ Social Media Accounts

Allen Matkins on 5/19/2015

Effective July 1, 2015, employers in Virginia will have to comply with a new law limiting their access to employees’ and applicants’ social media accounts. The new law prohibits employers from requiring employees or...more

Tennessee’s New Social Media Law Gives Employers Dos and Don’ts Regarding Employee Privacy

Bradley Arant Boult Cummings LLP on 1/6/2015

All Tennessee employers and their agents must now comply with the “Employee Online Privacy Act of 2014,” a new law that prohibits employers from asking their employees for their usernames and passwords to social media sites,...more

Are You Ready for the New Holacracy? Update on Social Media and the Hiring Process

Butler Snow LLP on 9/10/2014

The innovative folks at Zappos have eschewed the traditional job application/interview/job offer process for a social-media-driven process on a Zappos platform. While very up-to-date, does this push the envelope to the point...more

Top New Jersey Legal Developments - January 2014

Proskauer Rose LLP on 1/13/2014

2013 was a busy year for employment law in New Jersey. This newsletter summarizes noteworthy developments in ten key areas—social media, the Law Against Discrimination ("LAD"), whistleblowing, background checks, drug and...more

New Jersey Becomes Latest Jurisdiction to Pass Social Media Privacy Laws for Employees

Saul Ewing Arnstein & Lehr LLP on 9/10/2013

On August 29, 2013, New Jersey became the latest jurisdiction to enact legislation which prohibits employers from requiring job candidates or current employees to provide their user names and passwords to personal social...more

Employer Social Media Policies – Interview with Mitch Danzig, Member, Member, Mintz Levin

Mintz on 9/9/2013

Mitch Danzig, Member of Mintz Levin's Employment, Labor & Benefits Practice, discusses the importance of having a social media policy that is structured in accordance with the recent NLRB rulings. ...more

New Jersey Adds New Employee-Protection Laws

Morgan Lewis on 9/4/2013

New bills signed by Governor Chris Christie include important measures for employers relating to social media and pay equity, but many questions remain. On August 29, New Jersey Governor Chris Christie signed into law...more

Don’t “friend me”: More State Law Limitations on Accessing Employee Social Media Sites

Orrick - Employment Law and Litigation on 8/13/2013

Effective July 28, 2013, Washington became the eleventh state to have a law prohibiting employers from, among other things, asking its personnel for the user names and passwords to employee social media accounts....more

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