California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

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Category Archives: Social Media

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The NLRB’s New Holding On Private Sector Free Speech (And What It Means For The Public Sector)

Posted in Employment, Social Media
Last month, the National Labor Relations Board, the federal agency overseeing private sector labor relations, issued its much anticipated decision in Karl Knauz Motors, Inc dba Knauz BMW and Robert Becker (“Knauz BMW”).  The Board held that the BMW dealership’s “courtesy” rule, which among other things prohibited employees from making remarks that were “disrespectful” to … Continue Reading

New California Laws Limit Access to Employee, Student Usernames and Passwords

Posted in Hiring, Legislation, Personnel Issues, Privacy, Social Media
Governor Jerry Brown last week signed two new privacy laws that will go into effect January 1, 2013.  AB 1844 and SB 1349 prohibit employers, colleges and universities from requiring or asking prospective and current employees and students to disclose social media usernames and passwords.  It also prohibits requiring or requesting employees and students to … Continue Reading

NLRB Releases New Report Regarding Employer Social Media Policies

Posted in Personnel Issues, Social Media, Workplace Policies
The National Labor Relations Board issued a new report discussing seven social media cases handled by the agency.  This report is the third released by the NLRB regarding social media in the last year, and focuses on the policies of seven companies.  The report provides guidance to employers who have social media policies or are … Continue Reading

New Maryland Law Prohibits Employers from Asking for Social Media Passwords

Posted in Hiring, Legislation, Personnel Issues, Privacy, Social Media
Maryland recently became the first in the nation to ban employers from asking job applicants and employees for their Facebook and other social media passwords.  The law was signed into legislation by Maryland’s Governor approximately one year after the ACLU took on the case of Robert Collins who claimed he was forced to turn over … Continue Reading

Lawmakers Deal Another Blow To Missouri’s “Facebook Law”

Posted in Education, Legislation, Privacy, Social Media
In August we reported on a new Missouri law that regulated communications between teachers and students on social media websites.  We also reported on the Missouri State Teachers Association’s (“MSTA”) successful efforts to block this so-called “Facebook Law” by obtaining a preliminary injunction from a Missouri Court.  Now, Missouri’s Legislature has voted to repeal the … Continue Reading

NLRB Provides Guidance On Regulating Employee Use Of Social Media

Posted in Privacy, Social Media, Workplace Policies
This post was co-authored by Elizabeth Arce   It seems that every time you turn on the news some new technological innovation is being announced.  For example, recent weeks have seen the unveiling of new tablet computers and smartphones.  In addition, social media platforms such as Facebook and LinkedIn are constantly announcing upgrades to their … Continue Reading

Missouri Court Blocks “Facebook Law”

Posted in Privacy, Social Media
Last week we reported on a new Missouri law that regulates communications between teachers and students on social media websites.  This so-called “Facebook Law” was scheduled to go into effect this week.  However, at the request of the Missouri State Teachers Association, a Missouri Circuit Court issued a preliminary injunction on Friday blocking the law until … Continue Reading

Missouri’s “Facebook Law” Restricts Communications Between Teachers And Students On Social Media Websites

Posted in Education, Privacy, Social Media
As the summer draws to an end, parents and students are beginning to prepare for the start of the school year.  For many parents, sending their children off to school can be both a joyous and fearful occasion.  The worry experienced by parents is fueled, in part, by news headlines of teachers having inappropriate sexual … Continue Reading

Two Bar Associations Give Employers Another Reason To Adopt Social Media Guidelines

Posted in Litigation, Privacy, Social Media
Social networking websites have become a treasure trove for lawyers looking for damaging information that could be used to impeach an opposing party or any adverse witnesses in a lawsuit.  As a result, the New York Bar Association’s Committee on Professional Ethics looked into the following question: May a lawyer view and access the Facebook … Continue Reading

Liebert Cassidy Whitmore Will Be Live Tweeting At The ACWA 2011 Spring Conference

Posted in Conferences, Hiring, Personnel Issues, Social Media
This guest post was authored by Liebert Cassidy Whitmore In two weeks, more than 1,000 California water district professionals will gather at ACWA’s 2011 Spring Conference & Exhibition. Liebert Cassidy Whitmore Attorneys, Shelline Bennett and Morin Jacob will be presenting on two areas of our practice: hiring/reference checks and social media.  In addition, we will be live tweeting Morin’s presentation on social media, “Caught in … Continue Reading

That Negative Comment Posted On Facebook May Constitute Protected Activity

Posted in Labor Relations, Privacy, Social Media, Workplace Policies
The National Labor Relations Board (“NLRB”) is the federal counterpart of the Public Employees Relation Board (“PERB”). The NLRB is the body that oversees the administration of federal labor law, and PERB is the body that oversees the administration of California labor law. Recently, the NLRB prosecuted a complaint brought by its Connecticut regional office … Continue Reading

10 Things Employers And Employees Should Know About Social Media

Posted in Discrimination, First Amendment, Harassment, Privacy, Social Media, Workplace Policies
This post was co-authored by Elizabeth Arce The popularity of social media websites such as Facebook and Twitter have created new and unprecedented challenges for employers.  The New York Times reported recently that even commanders in our Armed Forces have expressed concern about troops playing with iPhones and BlackBerrys when they should be working.  Because the … Continue Reading

NLRB Case Involving Firing Over Facebook Post Settles

Posted in Privacy, Social Media, Workplace Policies
This week the National Labor Relations Board (NLRB) announced that a settlement has been reached in a closely watched case involving the firing of an ambulance service employee for posting negative comments about her supervisor on her Facebook page.  This case created a buzz among employers throughout the nation.  Given the prevalence of social media … Continue Reading