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
Employee Criminally Prosecuted For Taking Employer’s Documents
A New Jersey Appellate Court recently ruled that an employee who removes or copies her employer’s documents for use in her whistleblower or discrimination case may be prosecuted criminally for stealing. In State v. Saavedra, the employee had taken highly confidential original documents owned by her employer, contending that she did so to support
New Jersey Settles Alleged COPPA Violation
In a recent consent order, the New Jersey Division of Consumer Affairs settled an investigation involving Dokogeo, Inc., a California based mobile application developer.
Under the Children’s Online Privacy Protection Act (“COPPA”) websites and online services which collect information from children younger than 13 are subject to certain parental notice and consent requirements.
In
New Jersey Ban On Employer Access To Social Media Accounts
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, a personal account. 
Additionally, the law goes on to prohibit employers from requiring an individual to waive or limit any protection granted under the law as a condition of applying for or receiving an offer of employment. Specifically, the law states that an agreement to waive any right or protection is against the public policy of New Jersey and is void and unenforceable.
The law also prohibits employer retaliation or discrimination against an individual because the individual: refuses to provide or disclose any user name or password, or in any way provide access to, a personal account; reports an alleged violation to the Commission of Labor and Workforce Development; testifies, assists, or participates in an investigation, proceeding, or action concerning a violation of the law; or otherwise opposes a violation of the law.
Notably, the law permits the Commissioner of Labor and Workforce Development to collect civil penalties in an amount not to exceed $1,000 for the first violation and $2,500 for each subsequent violation.
Based on the Governor’s recommendations, the final law does not prevent an employer from implementing and enforcing a policy pertaining to the use of an employer issued electronic communications device or any accounts or services provided by the employer or that the employee uses for business purposes.
While the law prohibits certain employer activity, it does permit employers to conduct investigations regarding: work-related employee misconduct based on information about activity on social media; or an employee’s actions based on information about the unauthorized transfer of an employer’s proprietary, confidential, or financial information to social media. Logically, the law also does not prevent an employer from viewing, accessing, or utilizing information about a current or prospective employee that can be obtained in the public domain.
It appears that New Jersey is just the next in the line of states which will adopt similar provisions limiting employer access to an employee’s personal social media accounts. While it is difficult to say the impact the law will have, at a minimum, employers must begin to assess their own internal hiring and human resources practices to make sure they comply with this law.Continue Reading New Jersey Ban On Employer Access To Social Media Accounts
The Bring Your Own Device (BYOD) Movement
Numerous companies are considering, or already transitioned to, a "bring your own device" (BYOD) model. Under a BYOD program, employees are permitted to connect their own personal devices (iPhone, iPad, Blackberry, PDA, etc.) to the employer’s networks and systems to complete job duties either in the office or working remotely. While a BYOD program has numerous benefits
Deletion of Facebook Page = Spoliation
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
Lawful Access and Improper Use of Computer Data Does Not Violate the CFAA
The Fourth Circuit recently held that the Consumer Fraud and Abuse Act’s (“CFAA”) prohibitions against unauthorized access or access in excess of authorization were not violated by an employee when the employee used his valid access to employer’s computer network to download confidential business information that he later used while working for a competitor.
Prior
Maryland Prohibits 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
Continue Reading Maryland Prohibits Employers From Demanding Social Media Passwords
The Consumer Fraud and Abuse Act — Does It Apply To An Employee’s Personal Computer?
Many employers often question what recourse is available when faced with the destruction or alteration of company data by former employees. This question is made more complicated when employees use their own personal computer for work. In addressing this issue, the U.S. District Court for the Northern District of Illinois, Eastern division held that an employee’s