HR - Social Networking Issues

If you use third-party organizations to search social media accounts of applicants, be sure to comply with the Fair Credit Reporting Act as well as state and local equivalent laws.

Social media continues to permeate business operations, especially in the real estate industry.

Many people have commented on social media regarding the anti-racist movement that has been gaining strength in the wake of police officers killings around the country. Unfortunately, some of these posts are inflammatory, derogatory, offensive, or racist. Even though employees are generally posting

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the Board”) continues to parse individual words and phrases in employers’ social

It is becoming increasingly common for issues to arise relating to employer vs. employee ownership of a social media account and the names, addresses, etc. that go along with that account. Business-related social media accounts typically contain useful information developed over the course of employ

According to a survey by the Society for Human Resource Management, almost 90% of employers throw a holiday party. Taking into account holiday parties hosted by employees for co-workers, there is a very good chance your company's employees will be rubbing shoulders by the eggnog this year.

As we have previously reported, a growing list of jurisdictions have enacted social media privacy laws applicable to employers.

In Palmieri v. United States, -- F.Supp.3d --, No. CV 12-1403 (JDB) (D.D.C. Nov. 3, 2014), U.S. District Judge John D. Bates held that the plaintiff had no constitutional expectation of privacy with respect to social-media content that he had shared with on-line ‘friends.’ Accordingly, the court dis

In Painter v. Atwood, No. 2:12–CV–1215 JCM (NJK), 2014 WL 3611636 (D. Nev. July 21, 2014), U.S. District Judge James C. Mahan affirmed Magistrate Judge Nancy Koppe's order granting spoliation sanctions following the plaintiff’s destruction of social media evidence. Because the plaintiff did not disp

The pervasive use of Facebook, email, LinkedIn, and other forms of social media “presents new opportunities as well as questions and concerns," according to Equal Employment Opportunity Commission (EEOC) Chair Jacqueline Berrien at Wednesday’s public meeting. The meeting was held to pinpoint the var

We previously contended that applicants and employees might create “phantom” social media profiles to thwart employer inquiries into their online conduct. In Trapp v. DHS, the tables were turned when a supervisor created a fictitious Facebook profile to investigate allegations that an employee poste