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
No First Amendment Protection for Police Officer’s Facebook Rant, a Reminder of the Risks of Employee Activity in Social Media
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
Top 14 for 2014
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
Social Media Guidance Issued For Financial Institutions
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
NY Times Article Highlights State Action on Privacy
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
Florida Considers Prohibition on Employers Requesting Access to Social Media Accounts
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 media accounts and
Special Report – Social Media in the Workplace
Jackson Lewis Special Report on Social Media in the Workplace.
Continue Reading Special Report – Social Media in the Workplace
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
Pew Research Center Says 72% of Adults Online (Your Employees) Use Social Networking Sites
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.
Continue Reading Pew Research Center Says 72% of Adults Online (Your Employees) Use Social Networking Sites
Nevada Joins Other States in Restricting Employers’ Access to Employees’ and Applicant’ Social Media Accounts
Another state limits employers’ rights to access employee and applicant social media account information.
Continue Reading Nevada Joins Other States in Restricting Employers’ Access to Employees’ and Applicant’ Social Media Accounts