social media in the workplace

New CA Law and First NLRB Decision on Social Media in the Workplace


New CA Law and First NLRB Decision on Social Media in the Workplace

Social Media in the Workplace: New California Law places restrictions on employer access to social media.

The landscape regarding social media in the workplace continues to evolve at a fairly rapid pace. In my article, titled: “New California Law and New NLRB Decision On Social Media” I detail two key developments for employers. First, in late September, California Governor Jerry Brown signed a new law (California AB 1844) that places certain restrictions on employer access to employee social media accounts. Read my post to learn more about the California law, and how it differs from the new laws enacted in two other states.

In addition, I analyze a September 2012 decision by the National Labor Relations Board concerning policies at Costco Wholesale Corp. This is the first time the NLRB has issued a decision on many policies that typically appear in a company’s social media policy. Employers should review both the new California law, and the new NLRB decision, and prepare themselves for further states passing laws, and further NLRB decisions regarding employee policies and social media.

Continue to stay updated on these, and similar, important issues by reading my monthly contributions on Social Media and Employment Law at Windmill Networking, and by following my posts here as well.

Social Media in the Workplace: New Laws Make The Ill-advised Illegal


Social Media in the Workplace: New Laws Make The Ill-advised Illegal

Social Media in the Workplace: Employers can no longer gather personal social media log-in information from employees.

In my June 2012 Social Media and Employment Law contribution to Windmill Networking’s Blog, I discussed the start of the new wave of inevitable laws that are being considered and passed in various states and the federal government.

These new laws will make illegal the ill-advised practice of requiring social media login credentials from applicants. But, the more problematic issue facing employers, particularly multi-state employers, are the many inconsistent laws that each state, and the federal government, are proposing and passing.

Maryland’s law is different than Illinois’s law awaiting the Governor’s approval. And, there are at least 12 other states with different laws of their own (including California). Some laws ban all access. Others, provide exceptions, like when confidential and/or fiduciary information is suspected to have been posted by an employee. Some ban employer activity only, while others prohibit universities and college activity as well. Even the federal government has two competing bills working their way through the legislature. For more information read my full post, titled “From Ill-Advised to Illegal: Employers Face New Laws On Social Media Monitoring“.

Will Social Media Harm Your Career?


Will Social Media Harm Your Career?

Can social media harm your upward movement in your career.

Recently, many lawmakers and everyday users of social media have been disgusted by what they think are inappropriate tactics used by employers when screening job applicants. In my article titled: “Why Your Status Updates May Come Back To Haunt You,” I explore the trend of employers investigating job applicants using social media, how employers use what they find, and best practices for employers to avoid violating current laws. For individuals, I also offer tips for managing online information so that you do not raise red flags that may cost you that dream job you always wanted.

The article is published in the April 2012 edition of the Contra Costa Lawyer magazine, the official publication of the Contra Costa County Bar Association. The April 2012 magazine focuses on “Kids in the Law” and on Privacy issues. I am not only proud to be able to contribute to the magazine, but also proud to have been asked to serve a three-year term on the Board of Directors.