Jackson Lewis Special Report on Social Media in the Workplace.
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.
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
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
Union threats made in social media not treated the same as if made in person on picket line.
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
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
Employee’s intrusion upon seclusion claim fails despite argument that he did not realize his employer could view the Facebook posts he made to a co-worker’s Facebook wall.
Illinois next in the line of states seeking to prohibit employers from asking employees and applicants for their Facebook and other social media passwords.
A Virginia district court recently held that an employee’s clicking of the Facebook “like” button is not comparable to speech. Accordingly, the court affirmed the dismissal of First Amendment retaliation claims brought by employees of a Virginia sheriff’s office finding that the employees’ action was insufficient to merit constitutional protection. Sheriff B.J. Roberts of the Hampton, Virginia… Continue Reading
California Assembly moves bill (voting 73-0) that would make California the second state behind Maryland to prohibit employers from demanding social media passwords.
New Maryland law prohibits employers from demanding access to Facebook or other on line accounts of employees and applicants
Written by Richard Greenberg UPDATE – Newly enacted Maryland law prohibits employers from demanding access to Facebook or other on line accounts of employees and applicants. In this space we have frequently discussed social media issues ranging from legal considerations in policy development, to employers’ legal and practical risks attendant to reviewing job applicants’ social media… Continue Reading
Have you ever reviewed the Facebook or LinkedIn profile or other social media activity of an employee or applicant? How about requiring employees or applicants to provide access to social media activity as a condition of employment.
The ECRI Institute recently published an excellent summary of key issues for hospitals concerning social media (registration required), a valuable read for any hospital administrator, risk manager or human resources director. ECRI reports that approximately 4,000 U.S. hospitals own social media sites and that number is sure to grow significantly. One of the reasons for this growth will likely be due in significant… Continue Reading
Have you hired a social media manager? A social media guru/wizard/ninja/diva? Each of these job "titles" are increasingly being used by companies to attract individuals who specialize in marketing a company’s brand and/or services in social media. A recent article in the Chicago Tribune and Los Angeles Times highlights just how prevalent these job titles are… Continue Reading
An August 18, 2011, NLRB Memorandum helps to outline contours of what constitues protected concerted activity under NLRA Section 7. Of course, examination and analysis of the facts at issue, is critical, along with prudent advice from expert labor counsel. This post, however, discusses some of the helpful guidance concerning some popular policy provisions that if not adequately defined or limited could run afoul of Section 7 rights.
The Maryland Senate recently referred Senate Bill 971 which prohibits Maryland employers from demanding that workers and job applicants turn over their passwords to specific websites or web-based accounts. Under the bill, employers would be prohibited from refusing to hire applicants and disciplining, terminating, or taking other adverse employment action against employees who refuse to provide their… Continue Reading
Registered nurse terminated for posting on Facebook while dispensing medication to a patient loses unemployment claim. Reason: employers’ written electronic communication policy.
Trying to keep up with the fast-moving world of social media, the Kentucky Court of Appeals has ruled that “tagged” or captioned photographs posted on Facebook may be admitted as evidence. The ruling in the case has implications for employers. In LaLonde v. LaLonde, the appellant-wife objected to the trial court’s admitting into evidence photographs taken… Continue Reading
ABC news reported yesterday about an employee fired for statements made on a social networking site – this time Facebook. The employee, Massachusetts high school teacher June Talvitie-Siple, was fired by her school district for statements she made about the community, her students and their parents. The 54-year-old teacher mistakenly thought her statements were being communicated… Continue Reading
All information from plaintiffs’ social networking profiles and postings that relate to their general emotions, feelings, and mental states must be produced in discovery when they allege severe emotional trauma and harassment against their employer, a federal court in Indiana has ruled. (EEOC v. Simply Storage Management LLC, S.D. Ind., No. 1:09-cv-1223, discovery order 5/11/10)…. Continue Reading
Whether it be Facebook, MySpace, LinkedIn, Twitter, YouTube or the company blog, employee presence in social media is way, way up, creating risks for employers that are proving difficult to manage without careful planning and appropriate policies. These risks can take many forms - FTC endorsement issues, inadvertent sharing of confidential company or personal information, harassment claims, blog posts harmful… Continue Reading
More companies are becoming a part of the social networking community – setting up Facebook pages, “friending” their employees and customers, and so on. Businesses use these sites for a variety of purposes including marketing; client, employee and government relations; and community involvement. With lawmaking bodies and courts just beginning to struggle with the range… Continue Reading