Conventional wisdom directs companies to implement social media policy to eliminate or otherwise reduce the risks involved with social media. But a social media policy is only effective if it is followed by a company’s employees. And the sweet spot for increasing compliance with such a policy is by showing individual employees why they have
Does An Employer Violate the FLSA’s Anti-retaliation Provision for Firing Employee For Facebook Posting About Payment Practices?
On June 24, 2011, a Florida federal district court dismissed a claim that an employer violated the Fair Labor Standards Act’s (FLSA) anti-retaliation provision by allegedly firing an employee who expressed her disagreement over the employer’s payment practices on Facebook.
The Plaintiff, Lilli Morse, filed suit against her former employer, J.P. Morgan Chase & Co.
Two Questions Employers Should Ask Before Implementing A Social Media Policy
Peter Drucker noted that “The most serious mistakes are not being made as a result of wrong answers. The truly dangerous thing is asking the wrong questions.”
Mr. Drucker’s advice is particularly appropriate when it comes to legal issues involving social media and employees. In this regard, there is no shortage of general
Targeting “Excessive” Social Media Use as Violation of Computer Fraud & Abuse Act Misses the Mark
A Computer Fraud and Abuse Act Claim (CFAA) against a former employee based on “excessive Internet usage,” including visiting Facebook was recently dismissed by a Federal District Court in Florida.
Specifically, in Lee v. PMSI, Inc., the former employer claimed Wendi Lee, engaged in “excessive Internet usage” and visited “personal websites such as Facebook” and