A recent article in the Wall Street Journal (reported on 11/21/2013 by Jennifer DeVries) discussed a study showing bias in the hiring process when social media is used to screen job applicants. Because of the potential for unlawful discrimination and losing out on otherwise qualified job applicants, the article and study should be a “must
Social Media Rant by Employer Results in Retaliation Claim Added to Pending Litigation
The recent termination of an employee (Adria Richards) after she tweeted her displeasure at off-color jokes told by certain fellow attendees at an industry conference she attended on behalf of her employer has resulted in a lot of good discussion (see here and here for examples) about the increasing intertwining of social media and employment legal
Not a Good Mix – Fishing Expeditions, Social Media, and Employment Discrimination
For many, sharing on Facebook, Twitter, Linked In, and other social media-related websites is a daily routine. But what happens to that routine when a person becomes involved in litigation? This is a question that almost always has to be answered in the context of employment discrimination lawsuits.
The answer to this question, however
Employer Recommendations for Complying with Michigan’s Social Media Password Law
Michigan employers started 2013 with a new employment law. This new regulation was signed into law by Gov. Snyder on December 27, 2012 and is called the Michigan Internet Privacy Protection Act. Readers of this blog know that I have not been a fan of this new employment statute since it was first proposed
Proposed Michigan Social Media Law Banning Employer Access to Employee Passwords – Not Something to “Like”
Proposed Michigan Social Media legislation is back in the headlines. Specifically, Chris Gautz of Crain’s Detroit Business reported that Michigan Senate House Bill 5523, (sponsored by Rep. Aric Nesbitt, R-Lawton), was approved unanimously by the House in September and is now sitting on the Senate floor.
This bill would “outlaw” employers from requiring employees
NLRB Finally Delivers Knockout Blow to Broad Employer Social Media Policies
In what has been perhaps the most telegraphed wind-up punch to hit employers in some time, the National Labor Relations Board (NLRB) has finally weighed in on the issue of employer social media policies.
Specifically, on September 7, the NLRB issued its Order striking down Costco Wholesale Corporation’s social media policy and related electronic posting
$4.5 Million Reasons for Employers and Individuals to Balance Social Media Use & Risks
A previous post on this blog discussed ways for employers to increase the effectiveness of a company’s social media policy (See The Sweet-spot for Increasing the Effectiveness of a Social Media Policy: Employee Self-Interest).
One of the real-world examples discussed in that post was a lawsuit against a former Michigan Assistant Attorney General Andrew
Michigan Proposes Legislation to Ban Employers from Accessing Employees’ Social Media Sites
Michigan recently joined a growing trend of states that have introduced legislation to prohibit employers from asking job applicants and current employees for passwords and other private account information for social networking websites such as Facebook and Twitter.
Specifically, State Rep. Aric Nesbitt (Republican) proposed legislation that applies to state and private employers. Mr.
Requiring Employees or Job Applicants to Turn Over Facebook Passwords? Three Reasons Why This is a Horrible Idea
Increasingly, employers are asking prospective or current employees to turn over their Facebook passwords in order to review their profiles.
In response to this increase some states, including California, Illinois, and Maryland, have proposed legislation to ban such conduct.
Facebook recently interjected its position on this topic when its Chief Privacy Officer, Erin Egan,
Of Muppets and Men – How Will Your Goldman Sachs Social Media Nightmare be Told?
One general misconception that business owners have when it comes to social media policies is that it is a silver bullet against disgruntled employees disparaging the company. Certainly this is a serious concern for any employer. But a recent “parting gift” from a Goldman Sachs Vice President illustrates the real danger that social media poses