Tag: Social Media

Survey—Background Checks on Social Media? Policy Enforcement?

Policy Focus: Background Checks Multiple states and cities have enacted laws in recent months that govern the use of background checks, so this year’s survey takes a closer look at those policies. We kicked it off by asking how many survey participants have background check policies (74.4%) then moved on to ask how many apply […]

‘Liking’ Facebook Post About Employer Is Protected Concerted Activity, Says NLRB

The National Labor Relations Board ruled that “liking” a Facebook post criticizing an employer’s business practices constituted protected concerted activity for one restaurant employee, making his resulting termination unlawful. The Board also found violations in a number of the company’s other actions, including interrogating employees about the Facebook posts, threatening legal action and maintaining an […]

New Louisiana law prohibits employers from seeking social media passwords

by Josh Wood and H. Mark Adams Louisiana’s new Personal Online Account Privacy Protection Act (House Bill 340) goes into effect August 1. It precludes employers from requesting or requiring employees and job applicants to disclose any username or password that allows access to their personal online accounts. The law prohibits employers from discharging or […]

Don’t Back-Burner Employee Communications

Ask employees what they like least about their jobs, and they typically cite a problem with communication. In fact, in many national employee attitude surveys, participating organizations across the board were rated lowest on questions related to communication. This is particularly unfortunate given that employees who took the survey said communication was very important to […]

NLRB rejects common handbook policies barring ‘negativity’

by Brian R. Garrison The National Labor Relations Board (NLRB) has been focusing its attention on policies in nonunion companies’ employee handbooks, finding certain policies violate the National Labor Relations Act (NLRA) by restricting employees’ ability to engage in protected concerted activity. Continuing that trend, the NLRB recently found that work rules barring employees from […]

The Trouble with ‘Twibel’: A New Social Media Headache for Employers

You may feel like a twit when it comes to your understanding of Twitter, but it is time to add the word “Twibel” to your company’s vocabulary — and more importantly, to your overall social media strategy, says Porter Wright employment law attorney Sara Jodka. Libel occurs when someone prints a false and malicious statement […]

Oklahoma joins states limiting social media access in hiring

by Philip Bruce Oklahoma has joined the ranks of states that limit employers’ ability to require access to applicants’ and employees’ social media accounts. Governor Mary Fallin signed the law on May 21, and it will go into effect on November 1, 2014. The law prohibits almost all employers from requiring employees or prospective employees […]

Friending, Unfriending, and Linking In on Social Media

Casual References Casual references on LinkedIn or other professional social media sites pose legal risks: Defamation (if they are negative and untrue). Misrepresentation (if they are positive and untrue). Evidence of pretext in an EEO claim (if you terminate for poor performance but you’ve written a glowing recommendation on LinkedIn). Segal’s recommendation: Make clear to […]

Casual References and Endorsements on Social Media

Yesterday’s Advisor featured tips on social media policies from Attorney Jonathan Segal. Today, his tips on casual references and endorsements and friending and unfriending work colleagues.   Casual References Casual references on LinkedIn or other professional social media sites pose legal risks: Defamation (if they are negative and untrue). Misrepresentation (if they are positive and […]