Business Litigation Report: September 2012

09/25/2012 / Business Litigation Practice Group

 

 

In the September Issue:


You Want my Facebook Password?!?!  Recent Legislative Trends in Social Networking Privacy and the Workplace

By Susan E. Tegt

 

Since the advent of social media, employers have used social media as a tool for vetting job applicants by reviewing applicants’ and employees’ public internet profiles and postings on websites such as Facebook, MySpace, and Twitter.  When this information is publicly available, an employer’s review of social media sites entirely legal, so long as the employment decision is not made on a discriminatory basis.  Earlier this year, however, the Associated Press identified an increasing trend where employers are not just reviewing publicly accessible social media profiles, but also asking applicants to disclose their usernames and passwords for social media websites that are restricted to the public or otherwise designated as “private.”   To read more, click here.
 

 


The National Labor Relations Board Addresses Social Media
By James Godwin
 

One of the hottest topics in labor and employment law today is how to deal with the effects of social media on the workplace.  In the last year, the Acting General Counsel of the National Labor Relations Board (“NLRB”) has issued three reports regarding when employees’ social media use is legally protected.  More broadly, the Acting General Counsel has addressed when social media policies may violate the National Labor Relations Act (“NLRA”). 
 

Business Litigation Department Attorneys:

Email 
952-896-3280
 


Kenneth

Corey-Edstrom

Email
952-896-3380

 

Richard J. "Jay" Reding

952-896-6704

 
John A. Kvinge
Email
952-896-1554

Email 
952-896-3340


Cynthia M. Klaus

Email
952-896-3392

 

 

L. Kathleen Harrell-Latham

Email
952-896-1544

 
Susan E. Tegt
Email
952-896-3325

Email 
952-896-3275 
 

 

Email
952-896-1572

 

 

Michael C. Jackman

Email
952-896-3374 

James A. Godwin
Email
952-896-6701

Email
952-896-3312

 

Email
952-896-3318

 

 

952-896-3353

Email 
952-896-3288

 
 

Lauris A. Heyerdahl
Email
952-896-1529 

 

Glenna L. Gilbert
Email
952-896-3283

This alert is provided as a service to our clients and firm associates. While the information provided in this publication is believed to be accurate, it is general in nature and should not be construed as legal advice.