Header graphic for print
Employment Law E-Buzz Easy-to-digest updates on emerging employer legal issues

Category Archives: Social Media

Subscribe to Social Media RSS Feed

Did You Know…The Guiding Light on Employer Handbooks — Sort of

Posted in Handbooks, National Labor Relations Board, Social Media

Most employers already know they cannot forbid employees from criticizing management, workplace conditions, or discussing salaries in person or on the Internet.  Employers cannot forbid employees from posting comments — both good and bad — on social media, as long as the comments are not unlawful.  And though an employer must put its employees on… Continue Reading

Did You Know…Public Employees’ Facebook “Like” is the Internet Equivalent of a Political Yard Sign

Posted in Court Decisions, Privacy, Social Media

The courts are taking steps to protect communications made via social media; e.g., Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (D.N.J. Aug 20, 2013) (holding that private Facebook posts are protected under the Stored Communications Act). Likewise, the Fourth Circuit Court of Appeals recently ruled that “liking”  something on Facebook is a form of… Continue Reading

Did You Know…The NLRB Releases Third Report on Social Media Do’s & Don’ts

Posted in National Labor Relations Board, Social Media

The National Labor Relations Board (“NLRB”) Office of the General Counsel has now released a third report addressing social media issues.  We previously discussed the first two reports, which primarily addressed employee terminations triggered by social media use.  The Operations Management Memo focuses on cases addressing  employer social media policies and provides several examples of broadly worded policy… Continue Reading

Did You Know…You Cannot Ask Applicants or Employees For Their Facebook Password

Posted in Privacy, Social Media

On March 23, 2012  Facebook issued a statement regarding “employers or others seeking to gain inappropriate access to people’s Facebook profiles or private information.”  The social media network asserted that “if you are a Facebook user, you should never have to share your password, let anyone access your account, or do anything that might jeopardize… Continue Reading

Did You Know…NLRB Released Reports on Cases Involving Social Media

Posted in Social Media

The National Labor Relations Board (“NLRB”) Office of the General Counsel has recently released two reports (Report of the Acting General Counsel Concerning Social Media Cases and Operations Management Memo) summarizing several cases that were before the NLRB concerning the “protected and/or concerted nature of employees’ social media postings and the lawfulness of employers’ social media policies… Continue Reading