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 for access to the plaintiffs’ social network accounts. The court held that the fact that information contained in the plaintiffs’ social network accounts could contradict the plaintiffs’ claims of emotional distress was not a sufficient reason to compel production of that information.

The issue of the discoverability of an employee’s social networking activities in litigation provides an opportunity to remind companies that several states have laws that restrict an employer’s ability to access employee and prospective employee social media accounts, or even request permission to access. The following states currently have such laws in effect: Arkansas, California, Colorado, Illinois, Maryland, Michigan, Nevada, New Jersey, New Mexico, Oregon, Utah, and Washington, while a Vermont law commissioned a study to look at the issue. Click here for more information about these laws.

This legislation portends a potential increase in litigation against employers in these states that have not taken appropriate steps to bring outdated hiring and monitoring practices into compliance with these laws. Even if upper-level management has taken, or is taking, steps to correct past practices which may now be prohibited, it is also important to ensure that lower-level managers and supervisors are informed of these developments as they frequently have more day-to-day contact with the employees and prospective employees whom these laws are designed to protect.

These privacy-in-employment issues are also discussed in our Special Report – Social Media in the Workplace.

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Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the…

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.

Photo of Jeffrey M. Schlossberg Jeffrey M. Schlossberg

Jeffrey M. Schlossberg is a Principal in the Long Island, New York, Office of Jackson Lewis P.C. Mr. Schlossberg has devoted his entire career to the employment law field. He is a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy…

Jeffrey M. Schlossberg is a Principal in the Long Island, New York, Office of Jackson Lewis P.C. Mr. Schlossberg has devoted his entire career to the employment law field. He is a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals and is an editor of the firm’s EPL Risk Mitigation Blog.

Mr. Schlossberg has extensive experience in handling all aspects of the employer-employee relationship. Areas of concentration include: employment discrimination prevention and litigation; workplace harassment policy development and compliance; social media and information privacy in the workplace; family and medical leave; disability matters; wage and hour investigations and litigation; non-competition agreements; and corporate mergers and acquisitions.

Mr. Schlossberg has defended against claims such as sexual harassment, age, race, national origin and disability discrimination for public and private companies in industries such as media, technology, airline, aircraft components, restaurants, supermarkets, securities, medical, manufacturing, cosmetics, food processing, software, clothing, vitamins and nutritional products, and many other employers of varying size throughout the metropolitan area and across the country.

Mr. Schlossberg lectures frequently about various topics to trade and professional associations, such as the Hauppauge Industrial Association. Mr. Schlossberg is also an active member of the Nassau County Bar Association and is a Past Chair of the Nassau County Bar Association Labor & Employment Law Committee.

Mr. Schlossberg is an appointed member of the Employment Law Panel of arbitrators for National Arbitration and Mediation.