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Socially Aware Blog The Law and Business of Social Media

Tag Archives: Employment

Status Updates

Posted in Status Updates

Status check.  In the recently released Corporate Directors Survey from PricewaterhouseCoopers, 41% of corporate board members reported that their companies monitor social media for adverse publicity.  That’s up from 32% in 2012.  One commentator suggests that a company’s entire board of directors—not just the members of its audit or risk committees—should be charged with social… Continue Reading

Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations

Posted in Employment Law, Privacy

A 2013 CareerBuilder survey of hiring managers and human resource professionals reports that more than two in five companies use social networking sites to research job candidates. This interest in social networking does not end when the candidate is hired: to the contrary, companies are seeking to leverage the personal social media networks of their… Continue Reading

New Issue of the Socially Aware Newsletter Available

Posted in Employment Law, Financial Institutions, First Amendment, FTC, Privacy

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we summarize the FFIEC’s recently-issued final guidance on social media use by financial institutions; we report on a new NLRB decision holding that particularly egregious… Continue Reading

Data Protection Masterclass Webinar: Spotlight on Social Media Marketing and Policies

Posted in Employment Law, Event, Online Promotions, Privacy

Our global privacy + data security group’s Data Protection Masterclass Webinar series is turning the spotlight on social media marketing and policies in January. Please join Socially Aware contributors Christine Lyon and Karin Retzer, along with Ann Bevitt in our London office for a webinar that will examine the laws and regulations in the United… Continue Reading

Ownership of Business-Related Social Media Accounts

Posted in Employment Law, IP, Litigation, Online Promotions

Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social media providers typically make their platforms available to users without charge, but companies nevertheless invest significant time and other resources to create and… Continue Reading

Collaborative Consumption – Is It Good to Share?

Posted in Employment Law, FTC, Privacy

Peer-to-peer (“P2P”) business models based on the Internet and technology platforms have become increasingly innovative.  As such models have proliferated, they frequently result in clashes with regulators or established market competitors using existing laws as a defensive tactic.  The legal battles that result illustrate the need for proactive planning and consideration of the likely legal… Continue Reading

New Guidance From UK Privacy Regulator on Social Networking and Online Forums

Posted in Privacy

Businesses are increasingly using social networks and online forums for marketing, recruiting, customer service, branding and PR purposes. The UK privacy regulator, the Information Commissioner (ICO), has recently published new guidance on the use of social networking and online forums. This replaces its 2007 guidance on the subject and is a helpful reminder to companies… Continue Reading

More Trouble With Work-Related Social Media Accounts

Posted in Litigation, Privacy

We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have addressed previously. In Castle Megastore Group, Inc. v. Wilson, plaintiff Castle Megastore Group (CMG), a retailer of novelty and… Continue Reading

New Issue of the Socially Aware Newsletter Now Available

Posted in Employment Law, FCC, FTC, IP, Litigation, Privacy, Section 230 Safe Harbor, Statistics, Terms of Use, Trademark

In the latest issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we look at recent First Amendment, intellectual property, labor and privacy law developments affecting corporate users of social media and the Internet. We also recap major events from 2012 that have had a substantial impact on… Continue Reading

Social Media and the National Labor Relations Act: What Employers Need to Know in Drafting and Updating Their Social Media Policies

Posted in Employment Law

This article was first published by ALM Media Properties LLC in Internet Law & Strategy (January 2013). For over a year, the National Labor Relations Board (NLRB) has been taking employers to task for intruding too far into employees’ social media activities. The NLRB’s enforcement actions have provided a well-publicized reminder that the protections of… Continue Reading

Which Side Are You On? Employers and Employees Battle Over Ownership of Social Media Accounts

Posted in Litigation

When an employee uses a social media account to promote his or her company, who keeps that account when the employee leaves? Perhaps more importantly, who keeps the friends, followers and connections associated with that account? Three lawsuits highlight the challenges an employer may face in seeking to gain control of work-related social media accounts… Continue Reading

Update: What’s Not to Like?

Posted in Employment Law, Litigation, Privacy

As we reported earlier this year, the Federal District Court for the Eastern District of Virginia held in Bland v. Roberts that merely “liking” a Facebook page is insufficient speech to merit constitutional protection. In the case, former employees of the Hampton Sheriff’s Office brought a lawsuit against Sheriff B.J. Roberts, in his individual and official… Continue Reading

Interview with Debbie Rosenbaum regarding Bland v. Roberts

Posted in Employment Law, Litigation, Privacy

As a result of her recent Socially Aware blog post What’s Not to Like, our contributor Debbie Rosenbaum has been interviewed by LXBN TV regarding Bland v. Roberts, the recent (and controversial) federal court decision holding that “liking” a Facebook page does not constitute protected speech under the First Amendment.  Click below to watch the… Continue Reading

Maryland Enacts First Law Prohibiting Employers From Requesting Passwords to Employees’ Online Personal Accounts

Posted in Employment Law, Privacy

In our recent Socially Aware blog post, we noted that a number of pending state bills are seeking to ban employers from requesting confidential login information, including social media login information, as a condition of employment.  In fact, on April 9, 2012, Maryland passed Senate Bill 433/HB 964, prohibiting employers from requesting current and prospective… Continue Reading

What’s Not to Like?

Posted in Employment Law, Litigation, Privacy

A recent district court decision highlights the growing prevalence of issues relating to new media technologies arising in the courtroom.  In Bland v. Roberts, the Federal District Court for the Eastern District of Virginia held that merely “liking” a Facebook page is insufficient speech to merit constitutional protection. Five former employees of the Hampton Sheriff’s… Continue Reading

What’s Your Facebook Password?

Posted in Employment Law, FCC, Federal Communications Commission Reform Act, Privacy

According to press reports, a growing number of employers require job applicants to disclose their login information for Facebook or other social media accounts as a condition of employment.  While this practice may very well fall on the wrong side of the law, lawyers and lawmakers are still in the process of establishing the framework… Continue Reading

District Court Considers Value of Twitter Account

Posted in Employment Law, IP, Terms of Use

“Man, what do I write here? And what’s it going to be valued at?” So read Noah Kravitz’s Twitter profile soon after Magistrate Judge Maria-Elena James of the Northern District of California denied Kravitz’s motion to dismiss a number of claims brought against him by his former employer related to the Twitter account. While Kravitz… Continue Reading

Can “Friending” Employees Lead to Legal Headaches?

Posted in Employment Law

Online social networking, and its capacity to connect our professional lives to our personal lives, have introduced a variety of new legal issues in the workplace – issues that we explore regularly in Socially Aware. Many managers and supervisors have connected with subordinates on social networking sites, and have likely wondered about the practical and… Continue Reading

Employee Non-Compete and Non-Solicitation Agreements in the Social Networking Era

Posted in Employment Law

Employers have long used non-compete and non-solicitation agreements to prevent former employees from taking unfair advantage of confidential information, including client information, to which they received access during their employment. The growth of social media, however, is raising complex new issues for employers seeking to protect such company confidences from misuse by ex-employees. For example,… Continue Reading