Tag Archives: Employment law

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Two recent cases highlight that posting to Facebook is not as uncomplicated as you may think. A defamation case in the UK recognized that a third party did have to disclose information on users whose identities were sought by the plaintiff. In the US, employee guidelines for social media were seen to be too broad and often violated the National Labor Review Board rules. “Social Media Spotlight: Latest Legal Moves in the UK and US” gives an in-depth look at both cases.

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Here are two articles that look at who may be responsible for your Facebook posts. Katie Anderson’s article, “Fishing On Facebook May Put Employers ‘On the Hook'”, explores the legal ramifications of employers sifting through employees’ Facebook accounts. Hayes Hunt and Jillian R. Thornton’s article “Facebook and Twitter Subpoenas, Privacy and The Law”, takes another look at who controls the “private” information you post and tweet. Issues of control and privacy are continuing to evolve, and it’s increasingly important to keep abreast of how courts may be evolving in their responses.

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A New Jersey law seeks to prevent employers from requiring prospective employees to hand over their social media passwords to enable the potential employer to thoroughly search those sites. Ramon Rivera’s article, “New Social Media Rule for New Jersey Employers Passes Assembly”, doesn’t indicate that legislation is pending in the state’s Senate, however.

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Should your employer have a say over what you post in your personal blog? Natalie Monroe is suing her Philadelphia school board for firing her over negative comments about her students that she posted on her blog. The school board contends that the blog did not factor into the firing. Read the Associated Press Wire Report, “Pa. Teacher Suspended for Blog, Now Fired, Is Suing.”

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The Password Protection Act was introduced in both houses of Congress this week. The Act would protect employees from having to divulge any social media passwords to their employer. Read more in Bob Sullivan’s article Bill Would Make Facebook Snooping, Digital Spying By Employers Illegal.

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We’ve featured a few articles now on the contentious issue of who owns your social media contacts. Jonathan Barrick has some useful comments on “Who Owns the Account? Navigating the Minefield of Social Ownership.” The article provides tips on how to assess the issue when part of your job responsibility includes maintaining a social media presence.

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It may seem like a lot of work to track all the changes in social media law with so many stories and cases emerging every day, but it’s money and time well spent. Jon Chavez’s article, “Law’s Stance on Social Media Fluid, Firms Told, ” points out why. It’s important that a company’s social media policies keep pace with changes in the law.

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Jesse Dill and and Charles Pautsch’s article “Court Cases Are Shaping Social Media” is a good follow up to the two recent cases involving Twitter and LinkedIn that we posted on recently. In their article, they explore how businesses need to begin protecting their social media interests now if social media is a big part of how they are doing business. Even if this isn’t a big part of how you do business today, it may be in the future.

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Here’s a great article on some of the issues in-house counsel should trouble spot in relation to their company and social media. There are both employee and intellectual property ramifications. Darin M Klemchuk’s article, “Protect the Company in the New Social Media World”, appeared in Texas Lawyer, but provides good basic advice.

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This question may seem like a straight forward question, but as Social Media is used increasingly for market penetration, the lines are also becoming increasingly blurred. Does someone follow you on Twitter simply for your expertise or product information, or do they follow you because they are interested in you? CNN Money explores this issue in “Who Owns Your Twitter Followers? Maybe Not You.”

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