Archive for 'Social Media Policies'

Over the last several years, we have been bombarded with cases from the National Labor Relations Board (“Board”) featuring employees bashing their employers on social media where the Board determined the speech was protected under the National Labor Relations Act (“Act”).  As many employers know, where the employees’ speech is protected, the employer cannot take […]

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Although cases involving the legality of firing employees based on social media under labor law have become commonplace, government employers should also consider the Constitution when taking such disciplinary action.  Recently, the Fourth Circuit held that an employee’s “Like” on Facebook was protected speech under the First Amendment in Bland v. Roberts. In that case, […]

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The social media privacy trend on which we have previously reported continues.  Oklahoma, Louisiana, and Rhode Island became the latest states to restrict employers’ ability to check the social media profiles of their employees and applicants, joining Arkansas, California, Colorado, Illinois, Maryland, Michigan, New Jersey, Nevada, New Mexico, Oregon, Utah, Washington, and Wisconsin. Rhode Island’s […]

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On the heels of Wisconsin, Tennessee has become the fourteenth state to enact a “social media password law” – a law restricting employers’ right to request or require employees or applicants to disclose passwords to personal Internet or social media accounts.  The other states to enact such laws are: Arkansas, California, Colorado, Illinois, Maryland, Michigan, […]

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“FIRE ME . . . Make My Day”

Written by Robert G. Brody and Abby M. Warren on September 24, 2013

Lately, Facebook firing cases have been on the rise as disgruntled employees take to social media, complain about work, and then get fired when management sees the post.  Two recent cases help further define the line between lawful and unlawful firing based on Facebook posts. Over the last couple years, the National Labor Relations Board […]

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