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
Social Networking
Florida Social Media Bill Dies In Committee
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…
Volunteer State (Tennessee) Prohibits Employers From Asking Employees, Applicants to Volunteer Access to Social Media, Internet Accounts
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…
Employers, the NLRB Wants Some Control Over Your Company Email
You’ve just finished your email, electronic communications, social media and/or BYOD policies for employees assuming, among other things, that you did not have to permit employees to use company-provided communication systems for nonwork-related purposes, such as to fulfill certain union-related purposes or other “protected concerted activities” under for Section 7 of the National Labor Relations…
Wisconsin Enacts Internet Privacy Protection Law
Wisconsin enacted a new law on April 8, 2014 prohibiting employers, educational institutions, and landlords from requesting or requiring access to personal Internet accounts. The new law, codified at Wis. Stat. Section 995.55, defines “personal Internet account” as any Internet-based account that is created and used by an individual exclusively for the purpose of personal…
EEOC Meeting: Social Media Discovery Chills The Exercising of Rights
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…
Student Files Suit After Tweet Lands Her In Hot Water
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…
Social Media Guidance Issued For Pharmaceutical Entities
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…
EEOC To Discuss Social Media’s Impact On The Workplace
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 …
Facebook Posts Not Discoverable
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
…