The National Labor Relations Board (“NLRB”) continues to issue rulings regarding employee use of social media in the workplace. As detailed in many prior posts, the NLRB enforces the National Labor Relations Act (“NLRA”) which covers employers (unionized or not). As described in those prior posts, the NLRB often finds that employees who post comments…
Social Media and the Law
Can Employers Require Employee Engagement/Advocacy?
Employee advocacy and/or engagement has been all the rage for a few years now. It makes sense. Having a fleet of employees engaged in social media to promote their employer is a tremendous asset. Most of those employees willingly participate, share, “like” and otherwise promote their employers on social media. However, what if an employee…
Employee Fired For Facebook Photos; Loses Court Case
A man in Florida lost his job because he went on vacation. After he sued his employer, he also lost his lawsuit. His Facebook photos were at the center of his lawsuit, and the employer was found to have acted lawfully. Here is what the employee did wrong, and what the employer did right: Background:…
3 Necessary Steps to Protect Your Trademarks on Social Media
Your intellectual property sets your company apart from its competitors. Your name, logo, website, marketing materials, and business strategy are therefore amongst your valuable most assets. But are they protected from social media legal risks? Startups, websites, and applications are being created faster than any time in history. These new competitors are looking to find…
Firing an Employee for Something Friends Posted on Facebook?
It is no longer uncommon to see articles and blog posts about employees who have lost their jobs due to a foolish Facebook post; unprofessional behavior shared on a YouTube video or other social media mishap. Recently, however, an employee in Atlanta, Georgia was not fired for his own Facebook post of a picture, but…
How Do Advertising Laws Apply to Social Media?
Consumers spend time on Facebook than any other website on the planet. More than Google. More than Yahoo! It therefore follows that we should be engaging consumers by promoting our products and services on social media. It’s no secret that by engaging consumers through social media promotions, we can grow our social influence and reach,…
Do You Have Legal Consent to Post Employee Photos on Company Websites or Social Media?
Do you have legal consent posting employee pictures on company websites or social media? Publishing employee photos without consent might be against the law. Read on for the reasons why. Smart companies take a holistic approach to their social media marketing efforts. With so much emphasis these days on harnessing employees to promote their employers…
The Legal Risk and Reward of Using Social Media
My grandfather once told me that everything good in life could also be bad. That there are two sides to every coin. And how it all depends on your perspective. Okay, I just made that up. My grandfather mostly talked about how in his day, he had to walk to school, barefoot, in the snow,…
BEWARE! How To Get Fired For LinkedIn Activities
Do you have a LinkedIn profile? If so, do you update it regularly? Do you participate in LinkedIn Group discussions and publish posts on LinkedIn? Do you perform these activities because YOU want to, or because your employer wants you to? If you are an active user of LinkedIn because your employer requires, or highly…
How Social Media Affects the Law
Social media is destroying the legal system. It is tearing at the fabric of our laws. Manipulating our fundamental rights. And eroding our justice system. In five years it will cause the downfall of society, trigger the apocalypse, and set forth a series of catastrophic events that will destroy our planet. Okay, maybe that was…
Can "Social Media" and "Confidentiality" Co-exist in the Workplace?
By its definition, “social media” focuses on communication, spreading the word, engaging readers, sharing, creating discussion and/or gaining attention. And, humans have striven to perfect and master communication with others for centuries. Even Wikipedia’s explanation of “social media” points out that “one of the first signs of human social media was cave wall paintings.” Today,…
Employers and Employees Could Be Liable For Texting On The Job
Texting, like email, Facebook posts and videos can get employees and employers into trouble. The most common situations involve harassment, discrimination, and violations of confidentiality provisions. However, because of a recent lawsuit in New Jersey, anyone who texts or emails another individual should now beware of the potential of being held liable when a recipient…
Social Media in the Workplace: 5 Reasons to Not Friend Co-Workers
Can you ever have too many “friends?” The answer is “yes,” if you indiscriminately accept and/or initiate friend requests with your co-workers and supervisors on your personal social media accounts. Companies too, should counsel managers and supervisors regarding some of the pitfalls in “friending” co-workers, and especially subordinates. In my post of January 9, 2013,…