It takes two to make a thing go right. It takes two to make it out of sight, palatable enough for bipartisan support. It took some doing, but the State of New Jersey finally has itself a workplace social media privacy law, becoming the 12th state to restrict company…
Articles Posted in Social Media and the Workplace
Four easy ways to break the law by viewing an employee’s Facebook posts
There are 11 states with social media workplace privacy laws making it illegal for an employer to require that an employee or applicant fork over a social media login and password. But, if a company in the other 39 states assumes that it has the green light to engage…
Facebook “tagging” adds a new wrinkle to social media discovery
More litigants are requesting that their adversaries produce social media evidence during litigation. Often this information is reasonably likely to lead to the discovery of admissible evidence at trial. For example, a Facebook status update about a great day from a plaintiff suing her former employer for discrimination could bear…
How 3 NFL players’ mea culpa will improve your social media policy
After the George Zimmerman not-guilty verdict was announced, two professional football players, NY Giants wide receiver Victor Cruz, and Atlanta Falcons wide receiver Roddy White, vented on Twitter: Meanwhile, Pittsburgh Steelers offensive lineman, Maurkice Pouncey found himself in hot water after he was photographed last weekend, along with his brother…
The unintended consequences of a new social media workplace law
I got an email the other day from my SHRM buddy Tara Mauk Arthur. She lives in Arkansas, which is one of 12 states to have a social media workplace privacy law. As my readers know, subject to limited exception, laws like the one in Arkansas make it illegal…
Following homophobic slur, NHL player quits Twitter
As many of you know, I am a HUGE Boston Bruins fan. But, right now, I have little love for former Bruins winger Tyler Seguin. You see, Seguin was a highly touted 2011 draft pick who did a disappearing act in the playoffs this year. Amidst reports that his off-ice…
The six social media faux pas that may cost you that big job
According to this recent survey from CareerBuilder.com, the number of hiring managers who are reporting that a job candidate’s social media indiscretions have cost them a position is up nearly 10%, while the overall use social media to vet candidates continues to grow. Those surveyed, reported finding a variety of…
George Zimmerman trial lessons: How not to use social media
You see, in certain instances, a trial witness’s social media breadcrumbs may undermine her credibility and score points for your client. But when the witness — and the lawyer trying to impeach the witness with her social networking activities — display as much combined tech savvy as J-Lo’s PR machine,…
Yo 11: Nevada now has a social media workplace privacy law too
Who would’ve guessed that, in June 2013, we’d have 11 states with social media privacy laws. I mean what are the odds? That’d be like Kanye West and Kim Kardashian deciding to name their baby daughter ‘North West’. Now, if you’ll excuse me, I need to check why my Twitter…
The ethical tightrope of social media as a litigation tool
Savvy lawyers today use social media to mine and collect important data about litigants. But cross that line from savvy to shady, and you may find yourself in deep do-do. (Kinda like the blow-out I encountered when I reached inside the back of my youngest’s wetsuit at the pool this…