The New York Times published an interesting front page article by Somini Sengupta on October 31, 2013 about the growing trend of state legislative action on privacy issues, noting that over two dozen privacy laws have passed this year in more than 10 states. The piece also notes that the “patchwork of rules across the country” is… Continue Reading
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.
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
Top 13 data privacy and security issues for 2013
Michigan becomes fourth state to enact law banning employers from requiring access to employees’/applicants’ social media accounts
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
And then there were three… Last week, California Governor Jerry Brown made his state the third in the union, following Maryland and Illinois, to limit access to employees and students’ social media accounts
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
Today, the NLRB‘s Acting General Counsel posted a third report regarding social media issues which have been brought to the agency. The cases discussed in this report should provide further guidance to employers struggling with developing strategies for using social media in their business, developing employee policies regulating activity in social media, and enforcing those policies…. Continue Reading
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
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.
In connection with its coverage of national signing day, ESPN.com recently highlighted that social media is increasingly being utilized by coaches to contact, recruit and gather information about players. For players, it’s a way to get recruited, control the message and interact with fans and other recruits at unprecedented levels. And, like in the workplace, misuse… Continue Reading
Second Social Media Report From NLRB Acting General Counsel
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
As the holidays approach, I am reminded of an employment law attorney I used to know who wrote a column about this time of year about holiday parties. He would warn Human Resources (“HR”) professionals to beware of sexual harassment issues as the punch flows and inhibitions dissipate at the annual office get-together. How things have… 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