Recently in Social Media and the Workplace Category
Last week, CA became the third state to pass a law that bans employers from requesting online usernames and passwords from employees and job candidates. Maryland was the first state to pass such a law; Illinois was the second.
As in the other two states, not only is it illegal to request online information, but also CA employers may not retaliate against anyone who refuses to turn it over.
There are two carve-outs in the CA law to protect legitimate employer interests. An employer may:
- require an employee to divulge personal social media reasonably believed to be relevant to an investigation of allegations of employee misconduct or employee violation of applicable laws and regulations; or
- require or request an employee to disclose a username, password, or other method for the purpose of accessing an employer-issued electronic device.
Meanwhile, in NJ, the Senate Labor Committee voted 4-0-1 in favor of a similar bill. Under the proposed NJ legislation, the aggrieved party may seek injunctive relief, compensatory damages, counsel fees and court costs. According to Law.com (here), the 1 absention came from a Republican Senator who wishes to amend the bill by removing that private cause of action.
That legislation now goes to Governor Christie for signature.
It's been a while since I've addressed social media policies and the National Labor Relations Act on this blog. Longer than Kim K's marriage to what's his name? Indeed. Methinks things at the National Labor Relations Board have been quiet lately. Maybe a little too quiet.
Click..click...BOOM! [Cue music]
Earlier this month, for the first...time...evah, the NLRB weighed in on the validity of an employer's social media policy.
Wait! What were we talking about again? Was it fantasy football? Should I start Martellus Bennett tonight?
No, it was NLRB. Dang! What did the NLRB decide about social media policies? WHAT OF SOCIAL MEDIA POLICIES!?!? I won't keep you in suspense any longer. Hit the jump and find out!
Penn State Kicker Sam Ficken probably had a pretty bad week. Last Saturday, he missed one extra point and four field goals in Penn State's 17-16 loss to Virginia. After the game, he was deluged with online insults.
Thankfully, his coach, Bill O'Brien, came to his defense.
Obviously, I think it's absolutely ridiculous. Not just because it's a 19-year-old college kid. It's just because, I mean, it's anonymous in some ways, and in other ways it's not. But at the end of the day, you know, these guys are really playing hard, giving great effort for us," O'Brien said. "To go on whatever, Spacebook [sic] or Tweeter [sic], or whatever [and] put stuff on there is just absolutely ridiculous to me and very cowardly, to be honest with you. But that's just my opinion . . . I don't know what type of people do that.
It's refreshing to see one's boss (so to speak) go to bat like this. However, it looks like someone could use a little Social Media 101.
(h/t Philadelphia Daily News)
Many times on this blog (e.g., here, here, and here), I've discussed the discovery of a plaintiff's social media information in pending litigation. More often than not, these issues arise in personal injury actions where the defendant believes that the plaintiff's injury isn't as a severe as he claims it to be. So, it seeks access to plaintiff's Facebook information where it believes it will find pictures of the plaintiff boozing or frolicking or what-have-you.
Although less common in employment discrimination cases, from time-to-time, social media discovery issues do crop up. I'll discuss a new one decided late last month and offer some related tips for employers after the jump...
Over the weekend, I heard PSY's catchy song Gangnam Style for the first time. Coincidentally, I then read this story from Kathleen Miles on the Huffington Post about 14 Gen-Y lifeguards at a city pool in El Monte, CA, who posted this video (below, left) on YouTube spoofing the original "Gangnam Style" music video (below, right).
In response, the City fired the 14 lifeguards for using City property, including the pool and their uniforms, for private use. Sure, the City was within its rights to fire these employees. But, was that the ideal response?
Let's pretend that you are the decisionmaker for El Monte, CA. What would you do? Let me know in the comments below.
Mary Pat Gallagher of the the NJ Law Journal reports here (subscription required) that two NJ defense lawyers face ethics charges after their paralegal allegedly friended an attorney-represented plaintiff in a personal injury case.
Details on the allegations and some takeaways for both lawyers and HR professionals after the jump...
More after the jump...
(What I won't do for my loyal readers....)
Calvin Broadus a/k/a Snoop Dogg is now the artist formerly known as Snoop Dogg. During a recent trip to Jamaica, Snoop was apparently *** afraid to add snarky
strikethrough for fear of losing job *** "born again" and is now Snoop Lion.
But in even BIGGER news --
Drop it like it's hot!
Yesterday, Illinois became the second state, after Maryland, to make it unlawful for any employer to request or require any employee or prospective employee to provide any password or other related account information to gain access to an online account.
Under Illinois' "Right to Privacy in the Workplace Act," it is now also unlawful for an employer to require that an employee or prospective employee log into their online account so that the employer may gain access.
*** Searches for other Snoopisms -- finds nothing blog-appropriate ***
The Act does have a few carve-outs for employers. Employers may still maintain lawful workplace policies governing the use of the employer's electronic equipment, including policies regarding Internet use, social networking site use, and electronic mail use. And if employers want to monitor usage of the employer's electronic equipment and the employer's electronic mail without requesting passwords, then by all means.
No word from Snoop Lion if he approves of Illinois' new law. But, like you, he is welcome to sound off in the comments below.
*** Sets blog-comments-spam-filter to "volcano" ***
From the state that just loves our sloppy seconds -- out-of-work wide receiver who cries about a fumbling quarterback say, "
What. It's unfair. That's my quarterback." -- comes this case about a Facebooking emergency medical technician from Texas.
To protect the innocent -- in the event that you've yet to click on the case link -- we'll call the employee-plaintiff "Misguided." Misguided the EMT was fired after posting on his co-worker's Facebook wall about how he wanted to boot a
ultimate fighter patient in the head.
Invasion of privacy on a co-worker's Facebook page. And people wonder how I get material for this blog.
Feel me flow on this steaming pile after the jump...
A website called WeKnowWhatYoureDoing.com, which describes itself as a "social networking privacy experiment," has begun compiling publicly available Facebook status updates from your employees, which fall into one of four categories:
- "Who wants to get fired?"
- "Who's hungover"
- "Who's taking drugs"
- "Who's got a new phone number?"
Although the content may be crude, the site's mission is noble -- to educate social networkers about Facebook privacy controls:
Just make sure your Facebook privacy settings are sufficient, for example don't publish status updates containing potentially risky material as 'Public'...The problem is how people simply don't understand the risks of sharing everything.
Thus, without even realizing it, your employees may be broadcasting their hatred of you or their affinity for puffing the magic dragon [cue music], neither of which bodes well for your company.
Use this blog post as a reminder to mention in your social media policies and training sessions that social networking sites like Facebook have privacy settings. And while these settings may change from time-to-time, getting your employees keyed in to the idea of setting privacy controls is a good first step.
They zig, I'll zag with the scoop on some other pending employment-law legislation of which employers should take note...after the jump...
Monday night you can find me discussing cutting-edge HR/employment-law issues at The Official #SHRM12 TweetUp & Afterparty powered by SHRM & Glassdoor. And if you believe that, I'll let you buy the first round. I prefer Johnny Blue and Cristal boilermakers. Cuz I'm a baller.
At 10 AM on Tuesday, I'll be bright-eyed and bushy-tailed for Live from the HIVE, Social Media Policy 101, for a Q&A with my buddy Curtis Midkiff. I'll hang out afterwards to discuss any questions you may have. Those who bring me Red Bull Sugar Free will get their questions answered first. Unless, of course, you have cash.
But, if you can't make it down to Atlanta for the event, there are many ways for you to still participate. You can join the #SHRM12 Social Circle, follow the #SHRM12 hashtag on Twitter, follow me on Twitter (@Eric_B_Meyer), or visit the SHRM Annual Buzz site.
Hey, I'd love to meet you. Unless, of course, you have leprosy. Keep your distance. Eh, maybe we can work out some sort of reasonable accommodation.
Oh, I kid. I just wanted an excuse to play this song.
Throw 'em up! See you in Atlanta.
And she's making news again...
She is the PA teacher who, on her blog, described her students as argumentative f*cks who may engage in Columbine-style shootings. She got suspended, but was later reinstated, and taught during this school year.
Well, it appears now that Ms. Munroe may not be teaching for much longer -- at least not for her present employer. Christina Kristofic of The Intelligencer reports here that the school board could vote before the end of this month to fire Ms. Munroe. Her lawyer (remember, he's my stepbrother), however, smells a rat. He claims that the district is violating Munroe's constitutional free speech rights. Whether that holds true remains to be seen...
What continues to amaze me is the polarizing response to Ms. Munroe. Scroll to the bottom of Ms. Kristofic's story and click on "Phillyburbs Comments". You'll see responses ranging from: "She deserves to be fired. She has no features that make her a good teacher. Her 'entitled attitude' is written all of her smug face. The free ride is over..." to "Instead of attacking a truthful educator, why not decipline [sic] the kids as they should be. The parents are clearly at fault in this case."
Is it ok for a teacher to be this critical of her students online? What if it were your employee going off on your customers? What do you think? Sound off in the comments below...