Header graphic for print
Workplace Privacy, Data Management & Security Report

Category Archives: Social Networking

Subscribe to Social Networking RSS Feed

Tough Future for Shirking?

The October 25, 2014 issue of the Economist, a U.K. business news periodical, contains a tongue-in- cheek guide to “skiving,” which apparently is the British word for shirking on the job. The piece highlights the challenge and opportunity created by new technology for employees who want to pretend to work, rather than work. It notes:… Continue Reading

Companies Need to be Better Prepared to Respond to Problematic Social Media Activity, Including Facebook “Likes”

The National Labor Relations Board has found that another employer (a non-union employer) violated its employees’ protected concerted activity rights under the National Labor Relations Act (NLRA) when it disciplined and fired them for certain social media activity. Our Labor Group provides an extensive analysis of this decision in Triple Play Sports Bar and Grille, 361 NLRB No. 31… Continue Reading

*UPDATE* Suit Against School District Regarding Tweet Settles

As previously reported, in a March 2014 filing titled H.W. v. Sterling High School District, a New Jersey high school student filed suit claiming school officials had violated her constitutional rights when they punished her for content she posted on Twitter which criticized Sterling High School’s principal. The settlement, which was approved by the Sterling… Continue Reading

FTC Amends Guidance to Children’s Online Privacy Protection Act (COPPA) Rules, Clarifying “Verifiable Parental Consent” Requirements

Written by Amy Worley In response to reported on-going confusion regarding how to satisfy the “verifiable parental consent” requirements in Children’s Online Privacy Protection Act (“COPPA”) 15 U.S.C. §6501 et. seq. (1998), and its implementing regulations, 12 CFR Part 312 (2000), the Federal Trade Commission (“FTC”) revised its guidance on enforcement of the same. According… Continue Reading

Supreme Court Decision in Riley Affects Cellphone Searches in Civil Litigation, Employment Matters

When the United States Supreme Court handed down its decision Riley v. California, a Fourth Amendment criminal case, we suspected it would not be long before the rationale in that case concerning the privacy interests individuals have in cellphones would be more broadly applied. In late June, a federal district court in Connecticut denied a request  by two… Continue Reading

Twitter Bio At Issue In NFL Arbitration

As reported by ESPN, Jimmy Graham‘s Twitter bio could play a crucial role in the National Football League (“NFL”) arbitration hearing between the New Orleans Saints and Graham. For those unfamiliar with the story, the New Orleans Saints placed a tight-end franchise tag on Graham.  Under the tag, Graham must be offered a one-year contract for an amount no… Continue Reading

Oklahoma Joins Growing Number of States Limiting Employer Access To Personal Social Media Accounts

Add Oklahoma to the list of states prohibiting employers from requesting or demanding access to the personal social media accounts of employees or applicants. Signed into law by Gov. Mary Fallin, H.B. 2372 becomes effective November 1, 2014. In addition to being prohibited from requesting or demanding usernames or passwords from employees or applicants to their… Continue Reading

Florida Social Media Bill Dies In Committee

As we previously reported, the Florida legislature was considering joining numerous other states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts. Senate Bill SB198, which was entitled “An Act Relating to Social Media Privacy,” has died in committee.  As such, Florida will not be joining the… Continue Reading

Volunteer State (Tennessee) Prohibits Employers From Asking Employees, Applicants to Volunteer Access to Social Media, Internet Accounts

Effective January 1, 2015, Tennessee employers, including government entities, will be prohibited from requesting or requiring access to the private social networking or online accounts of employees and job applicants under the Volunteer State’s ”Employee Online Privacy Act of 2014,” signed by Governor Bill Haslam. Our Tennessee colleagues outline the key provisions of the law, including some of… Continue Reading

Employers, the NLRB Wants Some Control Over Your Company Email

You’ve just finished your email, electronic communications, social media and/or BYOD policies for employees assuming, among other things, that you did not have to permit employees to use company-provided communication systems for nonwork-related purposes, such as to fulfill certain union-related purposes or other “protected concerted activities” under for Section 7 of the National Labor Relations… Continue Reading

Student Files Suit After Tweet Lands Her In Hot Water

A New Jersey student has filed a federal court lawsuit, H.W. v. Sterling High School District, alleging that she has been subject to disability discrimination and that her First Amendment rights have been violated. The student, known only as H.W. in court papers, was banned from the prom, senior trip, and the school’s commencement ceremony following… Continue Reading

Social Media Guidance Issued For Pharmaceutical Entities

The U.S. Department of Health and Human Services, Food and Drug Administration (FDA) recently issued draft guidance entitled “Guidance for Industry-Fulfilling Regulatory Requirements for Postmarketing Submissions of Interactive Promotional Media For Prescription Human and Animal Drugs and Biologics.” The draft guidance is intended to describe the FDA’s current thinking about how manufacturers, packers, and distributors (firms)… Continue Reading

EEOC To Discuss Social Media’s Impact On The Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) just announced they will be holding a meeting on March 12, 2014 to discuss the use of social media in the workplace and its impact on the enforcement of equal employment opportunity laws.  According to the EEOC’s announcement, the participants will address a range of issues, including recruitment… Continue Reading

Facebook Posts Not Discoverable

The Florida District Court of Appeal, Second District quashed an order requiring the mother of a vehicle accident victim to produce copies of certain postings on her Facebook account.  In Root v. Balfour Beatty Constr., LLC, the plaintiff, Tonia Root (“plaintiff”) filed a negligence suit against the city and its contractors following an accident where her… Continue Reading

Facebook Post Breaches Confidentiality Provision of Settlement Agreement

A Florida appellate court has ruled that a teenaged daughter’s post on Facebook mentioning her father’s confidential settlement of an age discrimination claim breached a confidentiality provision in the settlement agreement, barring the father from collecting an $80,000 settlement. Gulliver Schools, Inc. v. Snay, No. 3D13-1952 (Fla 3d DCA Feb. 26, 2014). The plaintiff, Patrick Snay,… Continue Reading

Another Employer’s Social Media Policy Is Found Unlawful By An NLRB Administrative Law Judge

Written by Michael Bertoncini The National Labor Relations Board (“NLRB”) continues to be active in its review of employer social media policies. In recent years, the NLRB’s review of social media policies has focused largely on whether an employee would reasonably construe the language of the policy as prohibiting him or her from engaging in… Continue Reading

Court Denies Access To Employee Social Media Accounts

Written by Ian A. Wright If the intersection of social networking and workplace privacy laws piques your attention, you may find an article written by my colleague Michael Frankel particularly interesting. He writes about a recent case, Pecile v. Titan Capital Group, LLC out of New York, where the court refused to grant the defendants’ request… Continue Reading

No First Amendment Protection for Police Officer’s Facebook Rant, a Reminder of the Risks of Employee Activity in Social Media

If you are a public sector employer, you may be particularly interested in an article written by my fellow shareholder and practice group member, Marlo Johnson Roebuck. She writes about a recent case, Graziosi v. City of Greenville, involving a police department’s decision to terminate a police officer for statements she made on Facebook. As… Continue Reading