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
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
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
In honor of National Data Privacy Day, we provide the following “Top 14 for 2014.” While the list is by no means exhaustive, it does provide critical areas businesses will need to consider in 2014. Location Based Tracking. As the utilization of GPS enable devices becomes more and more prevalent, employers are often faced with… Continue Reading
The Federal Financial Institutions Examination Counsel (FFIEC) recently issued supervisory guidance entitled “Social media: Consumer Compliance Risk Management Guidance.” Financial institutions are expected to use the Guidance in their efforts to ensure that their policies and procedures provide oversight and controls commensurate with the risks posed by their involvement in social media. The Guidance was… Continue Reading
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.