News & Analysis as of September 19, 2024

Passwords

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

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

Friend (or Foe) Requests: Using Social Media In Employment Litigation

Seyfarth Shaw LLP on 12/1/2016

Seyfarth Synopsis: Social media is a potential goldmine of information when it comes to defending against employment lawsuits—pictures, status updates, location markers, “likes,” groups, and associated friends, all from the...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Morrison & Foerster LLP - Social Media on 10/15/2015

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...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

Hold that Friend Request: Legal Traps in a Post-Facebook Work Environment

Burr & Forman on 8/25/2015

Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefits: stronger relationships between employees and management; a sense of collegiality; instant updates on...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

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

Littler on 6/18/2015

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

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

Rhode Island Enacts Employee Social Media Privacy Legislation

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/4/2014

Rhode Island has recently enacted legislation intended to protect job applicants’ and employees’ social media accounts and information. The new law prohibits employers from requiring job applicants or employees to disclose...more

New Jersey Social Media Privacy Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/29/2013

Remember that on December 1, 2013, New Jersey’s social media privacy bill (A2878) becomes law. This law (detailed in the September 2013 issue of the New Jersey eAuthority) bars employers from requiring or requesting that any...more

Making Sense of the Complex Patchwork Created by Nearly One Dozen New Social Media Password Protection Laws

Littler on 7/2/2013

The legislative torrent has been virtually unprecedented in the area of workplace privacy. In a single season, spring 2013, seven states enacted social media password protection legislation, bringing the total number of...more

Employers Cannot Access Applicant or Employee Personal Social Media Accounts, Says Nevada

Proskauer Rose LLP on 6/27/2013

On June 13, 2013, Nevada's governor signed A.B. 181 to restrict employer access to applicants' and employees' personal password-protected social media accounts, adding to the state's existing anti-discrimination statute that...more

Colorado Legislative Wrap-Up

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/20/2013

The 2013 Colorado legislative session resulted in three new laws that are significant for employers....more

Nevada: Inquiring About Personal Social Media Will Be Illegal

Fisher Phillips on 6/19/2013

Unless it is necessary to comply with a state or federal law or regulation, effective October 1, 2013, it will be illegal for a Nevada employer to require, request, or even suggest that an employee or a prospective employee...more

Why Can’t We Be “Friends”? Because The Oregon Legislature Says So

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/10/2013

Riding a wave of national news stories about employers forcing applicants or employees to turn over social media passwords as a condition of employment, the Oregon legislature recently passed House Bill 2654....more

Oregon Passes Social Media in the Workplace Law

Littler on 6/10/2013

On May 22, 2013, Oregon Governor John Kitzhaber signed into law House Bill 2654, making Oregon the tenth state to enact a law prohibiting employers from accessing employees' private social media sites. The new law, which...more

As the Dust Settles: Watered-Down Non-Compete Bill Passes; Social Media Password Bill Fails

Pullman & Comley, LLC on 6/7/2013

The dust is still settling from the mad dash that is the end of the Connecticut General Assembly session. ...more

Employment Law -- Jun 05, 2013

Manatt, Phelps & Phillips, LLP on 6/5/2013

From the Hill: FMLA Amendment and Anti-Arbitration Legislation - Lawmakers on the Hill are considering two employment-related bills that would make changes to the Family and Medical Leave Act and invalidate pre-dispute...more

Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects Employers

Littler on 6/3/2013

Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has extended into our...more

Texas Leg 2013 Wrap-Up – Texas Does Not Take The Lead On Social Media Issues

Gray Reed on 5/29/2013

Although the Governor called a special session extending the Texas Legislative session, the topics to be addressed are political ones and not the ones we have been tracking....more

Whose Social Media Account Is It, Anyway?

Troutman Pepper on 5/16/2013

A detailed social media policy specifically addressing the ownership of social media accounts is key to a corporation’s ability to maintain ownership of an employee’s account after the employee leaves the corporation....more

Protecting Privacy or Enabling Fraud? Employee Social Media Password Protection Laws May Clash with FINRA Rules

Proskauer on Privacy on 5/9/2013

As a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and other securities regulators....more

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