Social Media and the Workplace

HEAT WAVE! 7 lawyers discussing social-media compliance

July 22, 2011 | by Eric B. Meyer

Look, I’m not one to toot my own horn…

And, God knows, I never like to plug my own work.

But, seriously folks, I would be remiss if I did not mention (again) that the Proactive Employer Podcast, sponsored by Thomas Econometrics, is presenting a special two-part round table discussion where experts answer all of your HR and social media questions. They’ve lined up an all-star panel of labor and employment lawyers, bloggers and social media adopters who will be sharing their expertise on various aspects of social media and human resources.

Welcome to the Employment Law Blog Carnival: Jukebox edition!

July 20, 2011 | by Eric B. Meyer

The Employment Law Blog Carnival has finally rolled into town.

What is a blog carnival? It is a collection of links on a particular topic — here, employment law — that bloggers have submitted to me, which I then arrange around a particular theme.

For this edition of the Carnival, it’s DJ-ESkeelz on the one and two, with a music-themed employment-law blog carnival. I’ve got 13 hot joints (read: 13 links to employment-law articles from some of the blogosphere’s best…)

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Badge, gun, social media policy: Philly cops now have all three

July 18, 2011 | by Eric B. Meyer

Thumbnail image for police.jpg Philadelphia Police Department has enacted a social media policy. You can view it here.

A couple of noteworthy points about this policy:

It recognizes that social media plays an important “business” role within the Department. The Department gets it by endorsing the “secure use of social media to enhance communication, collaboration, and information exchange; streamline processes; and foster productivity.”
Employees may not use City property to engage in personal social networking activities. That includes cellphones, laptops and other portable devices that may be used outside of the office. In fact, employees may not even use social media on their own electronic devices while on duty.
The policy underscores that there is no reasonable expectation of privacy when engaging in social networking online. As such, the content of social networking websites may be obtained for use in criminal trials, civil proceedings, and departmental investigations.
Employees must get prior consent before engaging in Department-authorized use of social media. This is defined as the employment of such instruments for the specific purpose of assisting the department and its personnel in community outreach, problem-solving, investigation, crime prevention, and other department-related objectives. The PPD is unionized and, as you know from reading this blog, the National Labor Relations Board has taken an aggressive approach against employers who enact policies that may chill union-related speech. On its face, this rule appears to be designed as a safety measure, rather than a means to quell discussion about terms and conditions of employment. Plus, the Fraternal Order of Police, as public sector employees, would not be covered under the NLRA. Still, the policy lacks any explicit mention of the right to engage in protected-speech.

Bad Biz 101: Impersonating an employee on Twitter and Facebook

July 15, 2011 | by Eric B. Meyer

One year for Halloween when I was in law school, no, actually, I was in law school, I dressed up as Mr. T.

I had the gold, the overalls, the mohawk. People stopped me on the street to take their picture with me. Although, the highlight of the night was when I ran into someone dressed up as — wait for it — Hannibal Smith!

Where am I going with this? Ah, yes. While I tried my best to pull off Mr. T, there was never any risk of confusion. I was 160 pounds soaking wet, my “gold” was actually tin foil, and I’m white.

However, fast-forward 10 years. I’m a partner at a law firm. And I have a personal blog where I write about the law. *** Only in America *** So, as I advise my employer-clients to do with employees who blog and use other forms of social media to discuss work-related products and services, I include a disclaimer to alert readers that my opinions are mine and not my employer’s. In fact, this is a must in any good social media policy.

But should a social media policy also include language to the effect that the employer will not use an employee’s personal social media accounts to promote the employer’s business without permission? After the jump, a recent decision which makes a good argument for it…

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Tweet this! More employers now allow social networking at work

July 13, 2011 | by Eric B. Meyer

In a new survey conducted by Robert Half Technology, 1400 chief information officers (CIOs) from companies across the United States with 100 or more employees were asked: “Which of the following most closely describes your company’s policy on visiting social networking sites, such as Facebook and Twitter, while at work?”

Prohibited completely

Permitted for business purposes only

Permitted for limited personal use

Permitted for any type of personal use

Don’t know/no answer

I’ll cue up the music and list the results after the jump…

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A “social media specialist” gets fired for a Twitter gaffe at work

June 9, 2011 | by Eric B. Meyer

Fueled by the remaining adrenaline from the Bruins 4-0 beating of the Canucks — 2 more wins… just 2 more — I am banging out this blog post just before the clock strikes 12. I have news of a new Twitter firing involving a “social media specialist” and an update on an NLRB action from May condoning the firing of a newspaper reporter for abusing Twitter.

All this, after the jump.

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Social-media shenanigans and Anthony Weiner drinking games

June 7, 2011 | by Eric B. Meyer

“I just want to advise people watching at home, playing that now-popular drinking game of you take a shot whenever the Republicans saying something that’s not true: Please assign a designated driver. This is going to be a long afternoon.”

— Anthony Weiner (from the House Floor on 1/19/11)

You can’t make this stuff up, yo.

For some employment-law implications and practical tips concerning Anthony Weiner’s gaffes — both online and offline — check out this post from employment attorney and blogger Philip Miles at Lawffice Space.

Will a new NFL CBA include social media restrictions for players?

June 6, 2011 | by Eric B. Meyer

I’m guessing that social media is not at the top of either side’s list of demands.

However, player tweets like this and, in particular, this one from Pittsburgh Steelers running back Rashard Mendenhall following the death of Osama bin Laden have some speculating that a new collective bargaining agreement could include restrictions on player use of social media.

What could those restrictions be? And will the players agree to them?

More after the jump.

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