By Howard Wexler, Esq. and Samuel Sverdlov, Esq.

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated the National Labor Relations Act (“NLRA”).

In Casino Pauma, the NLRB’s General Counsel (“GC”) alleged that four of the employer’s handbook policies
Continue Reading NLRB Tells Employers to Mind their Own Business

By Karla Grossenbacher

shutterstock_328329848-300x200Seyfarth Synopsis: This blog considers the blurring of the lines between personal and work-related communications which has created novel legal issues when it comes to determining whether an employer has the right to access and review all “work-related communications” made by its employees.

Over the last decade, communication via email and text has become a vital
Continue Reading Monitoring Employee Communications: A Brave New World

By Scott Rabe and Samuel Sverdlov

Seyfarth Synopsis: With seemingly every employee having access to a smart-phone or other recording device, employers without strong social media policies may be placing themselves at greater risk of creating workplace incidents that could be avoided. 

Just a few weeks ago, a video leaked of Los Angeles Lakers rookie, D’Angelo Russell, recording teammate, Nick
Continue Reading Off the Record? Workplace Perils of Video Recording and Social Media

By Hillary J. Massey

iStock_000048141232_LargeEmployees’ social media activities often play a key role in workplace investigations.

For example, an employee may complain that a coworker sent a harassing Facebook message or posted something offensive on Twitter regarding race, religion, or disability. Employers handling investigations into such conduct should be aware that state laws may restrict employers’ requests for information about
Continue Reading Questions Remain About Social Media Privacy Rights During Workplace Investigations

By Robert B. Milligan and Daniel P. Hart

BlogThere is no denying that social media has transformed the way that companies conduct business.  In light of the rapid evolution of social media, companies today face significant legal challenges on a variety of issues ranging from employee privacy and protected activity to data practices, identity theft, cybersecurity, and protection of intellectual
Continue Reading Social Media Privacy Legislation Desktop Reference: What Employers Need to Know

By Adam Vergne and Chuck Walters

Following a national trend, Montana and Virginia have become the nineteenth and twentieth states to enact laws restricting employer access to the social media accounts of applicants and employees.[1]

Virginia’s law, which takes effect on July 1, 2015, prohibits requesting (or requiring) the disclosure of usernames and/or passwords to an individual’s social media
Continue Reading Don’t Tweet On Me!

By: Erin Dougherty Foley

Picture this. You arrive at work only to be met by the employee who always seems to know everything about all that’s going on and that person hands you a copy of the “tweet” that another employee posted right before arriving at work this morning. The tweet reads: “Whoa, just ran someone over on my way
Continue Reading Wait…What Did He Say? (Or, What To Do When Your Employee’s Tweet Goes Viral)

By: Jonathan L. Brophy

Employers know all too well, or are learning very quickly, that the intersection of their anti-harassment policies and their employees’ Facebook posts is something of a moving target.  Employers often feel unsure as to how far they can go in investigating an employee complaint of a co-worker’s internet conduct.  The United Supreme Court recently alleviated some
Continue Reading Can Employers Discipline Employees Who Post False Claims Of Harassment On Facebook? Yes, But Beware Of The Pitfalls

By: Carlos Lopez

Companies cannot have every employee with a Twitter account spreading (mis)information about their business, products or services to hundreds or thousands of followers, but the National Labor Relations Board is sending mixed signals about what, if anything, employers can do about it.

Good News: While the Board has been a relentless foe of almost all social media
Continue Reading The Opinions Expressed In This Post Are My Own And Not Necessarily Those Of My Employer: Disclaimers And The NLRB’s Continuing (And Confusing) Assault On Employer Social Media Policies