Photo: Jason Howie via Flickr (CC by 2.0)

The stories are legendary:  the employee who calls in sick and then posts a picture of himself dressed as a fairy at a Halloween party hundreds of miles away; the video of the salesman in a drunken stupor at a conference he is attending on the company’s dime; and just this past week, the New York City lawyer railing against an employee and a customer speaking Spanish to one another in a restaurant.  An individual’s social media can be a treasure trove of information about a person and could give insight into a person’s character and habits that might not become apparent until months or years of employment have gone by, perhaps never.


Continue Reading

Photo: FacebookBrand.com
Photo: FacebookBrand.com

At a recent employment law update forum for human resources professionals hosted by McLane Middleton, Professional Association, one of the most talked about topics was social media.  More specifically, what actions can be taken, if any, against employees who post about or discuss their employment negatively on social media,

Photo: mkhmarketing via Flickr (CC by 2.0)
Photo: mkhmarketing via Flickr (CC by 2.0)

People often think of the Americans with Disabilities Act as a law that protects individuals with physical and mental disabilities from discrimination or other unfair treatment. What is seldom mentioned is that the ADA also protects the confidentiality of employee medical information, and requires

Photo Credit: Sean MacEntee via Flickr (CC by 2.0)

Employees’ rights to act together to address conditions at work are protected under the National Labor Relations Act. This protection applies equally to both union and non-union employees and extends to employees’ work-related conversations on social media.  But, as many employers may wonder, how far does the protection of the Act reach?  The NLRB’s decision in Richmond District Neighborhood Center and Ian Callaghan (Case 20-CA-091748, October 28, 2014) provides some guidance on it.


Continue Reading

The New Hampshire Legislature passed HB 1407 which will prohibit employers from obtaining an employee’s personal social media account user name and password. The bill passed both the House and the Senate. The governor is expected to sign it into law.

This bill applies to both employees and prospective employees for employment. Employers found to

An administrative law judge (“ALJ”) writing on behalf of the National Labor Relations Board (“NLRB”) reviewed the social media/on line communications policy of The Kroger Co. of Michigan, a retail grocery chain, in the context of an unfair labor practices complaint.  In the decision issued on April 22, 2014, the ALJ ruled that portions of

Employers frequently access and review data created or stored by employees on company-owned electronic devices, such as computers, laptops, tablets (iPad), and cellphones (iPhone, Droid and Blackberry).  Well-crafted technology and social media policies specifically authorize employers to do so.  But, if not careful, employers can step over the line between permissible conduct and conduct that

In our evolving technological world, more and more people are using social media for building both work and personal connections. This has presented a conflict in the workplace between a company’s need to protect its business interests and an employee’s concern with privacy.  States have been wading into these waters with legislation limiting or prohibiting