Written by Lillian Moon The Florida Senate is considering joining a multitude of states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts. Senate Bill SB198, entitled “An Act Relating to Social Media Privacy,” would prohibit employers from requiring or requesting access to employee or applicant social… Continue Reading
Jackson Lewis Special Report on Social Media in the Workplace.
As we have previously anticipated, yesterday New Jersey joined the multitude of other states which have enacted laws limiting employer access to employee social media accounts. The law prohibits employers from requesting or requiring a current or prospective employee to provide or disclose any user name or password, or in any way provide the employer access to,… Continue Reading
Today’s Pew Research Center report that 72% of online adults use social networking sites, a significant increase since 2005, should spur more employers to address social media in the workplace.
Another state limits employers’ rights to access employee and applicant social media account information.
In a case reflecting the challenges faced by institutions of higher education in trying to prevent violence on campus, a judge in the U.S. District Court for the Eastern District of Pennsylvania declined to dismiss claims against Widener University by a former student under the Electronic Communications Privacy Act (ECPA) and the Stored Communications Act (SCA) for accessing the student’s Facebook account without permission…. Continue Reading
More states pass laws limiting access by employers to the social media accounts of applicants and employees
Our colleague John A. Snyder writes on our non-compete blog about the case of Eagle v. Morgan, No. 11-403 (E. D. Pa. March 12, 2013) in which the plaintiff sued her former employer for misappropriating her LinkedIn account and was awarded zero damages.
A New Jersey District Court has sanctioned a personal injury plaintiff for spoliation following the plaintiff’s deletion of his Facebook account which defendants were trying to access. The defendant’s discovery requests asked for documents or records of “wall posts, comments, status updates or personal information posted or made by plaintiff on Facebook and/or any social… Continue Reading
Add New Mexico to the list of states with social medica privacy laws
Top 13 data privacy and security issues for 2013
In 2012, California took significant steps to increase privacy protections for users of mobile applications (apps) which involved working with companies such as Amazon, Apple, Facebook, Google, Hewlett-Packard, and Microsoft. In July 2012, the Attorney General created the Privacy Enforcement and Protection Unit, with the mission of protecting the inalienable right to privacy conferred by the… Continue Reading
Union threats made in social media not treated the same as if made in person on picket line.
Michigan becomes fourth state to enact law banning employers from requiring access to employees’/applicants’ social media accounts
John A. Snyder posted this article on the Jackson Lewis Non-Compete and Trade Secret Report blog about a dispute involving ownership of a Twitter account.
As a growing number of states pass laws to restrict employers from gaining access to employees’ personal social media accounts, what employees post in social media can be critical evidence in employment-related investigations and litigations. Check out my partner J. Gregory Grisham’s recent article in HR Professionals Magazine discussing a recent Sixth Circuit decision concerning this issue… Continue Reading
Here is a link to a post on our sister blog Non-Compete and Trade Secrets Report entitled LinkedIn Account at Center of Lawsuit. The case involves a dispute over control of a LinkedIn account between a company and its former President. The litigation may portend more disputes between employers and employees over social media accounts… Continue Reading
New Jersey may become fourth state, following Maryland, Illinois and California, to place limits on employers’ ability to access the social media accounts of employees and applicants.
The Federation of State Medical Boards (FSMB) recently adopted model policy guidelines for the appropriate use of social media and social networking in a medical practice. The model policy guidelines can be viewed here. In its findings, the FSMB reports that 67 percent of 4,000 physicians surveyed use social media for professional purposes and that research indicates 35… Continue Reading
Two New Jersey defense lawyers face attorney ethics charges in connection with the way they allegedly accessed Facebook. Regardless of how these charges are resolved, the facts in the case should serve as a reminder to attorneys to become more familiar with social media, and perhaps be more specific in the direction they give to… Continue Reading
California moves one step closer to becoming third state to significantly limit when employers could ask employees and job applicants for social media passwords and account information
The District Court of New Jersey recently denied an employer’s motion to dismiss a former employee’s causes of action for invasion of privacy following a supervisor’s alleged unauthorized access to the employee’s Facebook account. In Ehling v. Monmouth-Ocean Hospital Service Corp., the plaintiff, a registered nurse and paramedic, alleged that the defendants engaged in a pattern… Continue Reading
Delaware becomes first state to prohibit academic institutions from accessing student and applicant social media activity