Effective September 30, 2014, New Hampshire joins sixteen other states (Arkansas, California, Colorado, Illinois, Louisiana, Maryland, Michigan, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Tennessee, Utah, Washington, and Wisconsin) in prohibiting employers from requiring employees or job applicants to disclose their login information for accessing any “personal account” or service through an electronic communication device. Similar… Continue Reading
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
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
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
Following the enactment of similar laws in Wisconsin and Tennessee earlier this year, Louisiana Governor Bobby Jindal signed HB 340, the Personal Online Account Privacy Protection Act, into law prohibiting employers and schools in Louisiana from demanding access to personal email, social media and other types of online accounts. The Act applies to just about any… Continue Reading
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
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
Norton Rose Fulbright recently released the results of their 9th annual litigation trends survey. The Fulbright survey reflects information collected from 392 in-house attorneys; including 82% identifying themselves as general counsel and 14% as head of litigation. Additionally, the companies responding to the survey represent virtually all industries, include entities of all sizes, and are almost evenly split… Continue Reading
The United States Equal Employment Opportunity Commission (EEOC) recently held a meeting to gather information about the growing use of social media and how it impacts the laws the EEOC enforces. During the meeting, a panel representative from the Society for Human Resource Management (SHRM) explained that employers use different types of social media for various… Continue Reading
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
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
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
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
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
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
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
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.