Trade Secrets/Data Privacy

Last week, the National Labor Relations Board  (“NLRB”) issued its latest guidance on employer social media policies.  Over the past few years, the NLRB has taken the position that “overbroad” social media policies unreasonably and unlawfully prohibit employees from engaging in protected activities under Section 7 of the National Labor Relations Act  (“NLRA”).  Importantly, Section 7 applies to both unionized and non-unionized workplaces.  So, if you are a non-unionized employer, read on — this applies to you, too!
Continue Reading Understanding The NLRB’s Latest Guidance On Social Media Policies– It Likely Applies to You

With baseball season underway, minds have turned to “America’s Pastime.”  Major League Baseball, like every employer should, has issued a social media policy.  A quick review raises questions about whether portions of the policy will “strike out” if reviewed by the National Labor Relations Board (NLRB), which has been very active in reviewing employer policies and actions relating to social media use by employees. The NLRB is concerned by social media policies it views as unfairly restricting employees — including those not even working in a unionized workplace — from engaging in “protected concerted activity” as defined by Section 7 of the National Labor Relations Act (NLRA).  Simply put, restricting employees from freely discussing their “conditions of work” is considered a violation of Section 7.

So, will Major League Baseball’s social media policy be “safe” at home?  Let’s play umpire…
Continue Reading Batter Up! Will Baseball’s Social Media Policy Strike Out?

Two weeks ago, we posted on how employers viewing employees’ or job applicants’ Facebook pages could violate the Genetic Information Nondiscrimination Act (“GINA”), which prohibits employers from obtaining or using certain types of genetic information.  We didn’t know the issue of employers viewing applicants’ Facebook pages — and particularly requiring their passwords — was about to BLOW UP.

Since our post, the issue has been the subject of Congressional hearings, proposed legislation, a statement by Facebook, and lots of articles, blogs and tweets.  Many have pointed out that requiring a Facebook password (1) may be illegal, (2) is an invasion of privacy, and (3) gets employers involved in issues they usually seek to avoid.  While these points are true (and are briefly explained below), the real question is:  Does demanding a Facebook password really serve an employer’s best interests?  Put simply, is it a good idea?
Continue Reading Who Said Demanding Facebook Passwords Is A Good Idea?

Online social media presents great rewards – and potential risks – for employers.  With more than 500 million active users on Facebook alone, there is no question that a large percentage of employees in every workforce use some form of online social networking.  Even when information on social media networks is not publicly available (such as when employees use “friends only” privacy settings in a social media network such as Facebook), employees often grant access to (“friend”) their supervisors, many of whom also use the same social media.  Likewise, there is no doubt that social media use goes on during work hours and at work – even where employers takes steps to restrict this behavior. 
Continue Reading Does Federal Genetic Privacy Law Prohibit Employers from Monitoring their Employees on Facebook?

Do you enjoy updating your résumé?

If your answer is “No,” you may be pleased to hear that some companies no longer ask for a résumé.  As explained in a recent article in the Wall Street Journal, a number of technology firms do not require job applicants to submit résumés.  These companies are more interested in the applicant’s “web presence,” which can include Twitter feeds, LinkedIn accounts, or Youtube video profiles.
Continue Reading The Problem with Going Résumé-Free