In 2015, someone shot a police officer and a suspect was later arrested. While off-duty, a SWAT sniper commented on a friend’s Facebook post which linked to an article about the shooting. He wrote, “It’s a shame he didn’t have a few holes in him.” An anonymous tip came in about the post, there was
Social Media
Annual Review of the Strange and Unusual Employment Cases
New Guidance on Employer Control Over Employee Social Media
This post was authored by Jeffrey C. Freedman.
Picture this: you are your agency’s Human Resources Director. One morning a fellow Director from another Department comes to visit you. She tells you she was sitting before her home computer the prior evening and found a Facebook post from one of her employees complaining about…
Don’t Click “Block” Just Yet: Judge Rules Public Officials, Including the President, Can’t Block People on Twitter
This post was authored by Ashley Bobo.
It was only this past June that the Supreme Court emphasized the impact of social media on the modern world. The court made it clear in Packington v. North Carolina that social media sites like Facebook and Twitter exist as some of “the most powerful mechanisms available…
Government-Hosted Social Media – How To Avoid First Amendment Claims
This post was authored by David Urban.
Social media and the First Amendment is a fascinating and quickly-developing area of the law. All types of business organizations have a social media presence, for example, a Twitter page or Facebook account, and often on their own websites invite the public to comment. The same is…
The NLRB’s New Holding On Private Sector Free Speech (And What It Means For The Public Sector)
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…
New California Laws Limit Access to Employee, Student Usernames and Passwords
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…
NLRB Releases New Report Regarding Employer Social Media 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…
New Maryland Law Prohibits Employers from Asking for Social Media Passwords
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…
NLRB Issues Report Discussing Disciplining Employees For Facebook Posts
There is no getting around it anymore: your employees are on Facebook. Recent statistics from Facebook’s website state that it has over 800 million users. It is time for all employers to know the rules surrounding employee use of social media.
For purposes of the National Labor Relations Board (NLRB), social media is described as…