Tag Archives: Facebook

Can My Employer Require Me to Turn Over My Facebook Password?

UPDATE – Newly enacted Maryland law prohibits employers from demanding access to Facebook or other on line accounts of employees and applicants. In this space we have frequently discussed social media issues ranging from legal considerations in policy development, to employers’ legal and practical risks attendant to reviewing job applicants’ social media presence, to legislative reactions to … Continue Reading

Social Media Guide for Hospitals

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

The Social Media Manager/Guru/Wizard/Ninja/Diva

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

NLRB Acting General Counsel Issues Opinion On Social Media and the NLRA

An August 18, 2011, NLRB Memorandum helps to outline contours of what constitues protected concerted activity under NLRA Section 7. Of course, examination and analysis of the facts at issue, is critical, along with prudent advice from expert labor counsel. This post, however, discusses some of the helpful guidance concerning some popular policy provisions that if not adequately defined or limited could run afoul of Section 7 rights.… Continue Reading

Ban On Employer Demands For Worker, Applicant Website Passwords–Maryland

The Maryland Senate recently referred Senate Bill 971 which prohibits Maryland employers from demanding that workers and job applicants turn over their passwords to specific websites or web-based accounts.  Under the bill, employers would be prohibited from refusing to hire applicants and disciplining, terminating, or taking other adverse employment action against employees who refuse to provide their … Continue Reading

“Tagged” Facebook Photos Admissible as Evidence

Trying to keep up with the fast-moving world of social media, the Kentucky Court of Appeals has ruled that “tagged” or captioned photographs posted on Facebook may be admitted as evidence. The ruling in the case has implications for employers.  In LaLonde v. LaLonde, the appellant-wife objected to the trial court’s admitting into evidence photographs taken … Continue Reading

Another Facebook Post, Another Fired Employee

ABC news reported yesterday about an employee fired for statements made on a social networking site – this time Facebook. The employee, Massachusetts high school teacher June Talvitie-Siple, was fired by her school district for statements she made about the community, her students and their parents. The 54-year-old teacher mistakenly thought her statements were being communicated … Continue Reading

Employees Claiming Emotional Distress Must Produce Social Network (Facebook and MySpace) Information In Discovery

All information from plaintiffs’ social networking profiles and postings that relate to their general emotions, feelings, and mental states must be produced in discovery when they allege severe emotional trauma and harassment against their employer, a federal court in Indiana has ruled. (EEOC v. Simply Storage Management LLC, S.D. Ind., No. 1:09-cv-1223, discovery order 5/11/10). … Continue Reading

Whitepaper On Social Media Use By Employees

Whether it be Facebook, MySpace, LinkedIn, Twitter, YouTube or the company blog, employee presence in social media is way, way up, creating risks for employers that are proving difficult to manage without careful planning and appropriate policies. These risks can take many forms – FTC endorsement issues, inadvertent sharing of confidential company or personal information, harassment claims, blog posts harmful … Continue Reading

“Friending” Employees – The Risks of Employer Participation In Online Social Networking

More companies are becoming a part of the social networking community – setting up Facebook pages, “friending” their employees and customers, and so on. Businesses use these sites for a variety of purposes including marketing; client, employee and government relations; and community involvement. With lawmaking bodies and courts just beginning to struggle with the range … Continue Reading

Social Network Monitors Beware

A New Jersey restaurant has been hit with a jury verdict in favor of two waiters who were fired after the restaurant’s managers accessed a private social networking site where the waiters were criticizing management. As the social networking (e.g., MySpace and Facebook) “craze” continues to expand, employers must be more mindful of privacy concerns relating … Continue Reading
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