California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Tag Archives: social media in the workplace

Can employers use employee’s posts to social media as basis for employment decisions or would this violate an employee’s right to privacy?

Posted in Best Practices For California Employers, Employee Handbooks, Technology & Law, Wrongful Termination
Generally, employees have a privacy expectation in their personnel files, contact information, and work related information. However, this expectation of privacy is not limitless, especially when the employee publically airs his or her work experiences on social media sites for the public to see. Courts have held that employees can waive this right to privacy… Continue Reading

Reminder: Webinar On Social Media Under California Law Tomorrow

Posted in About the California Employment Law Report, Best Practices For California Employers, New Cases, Technology & Law
This will be one of our most attended webinars, and there is still time to sign up. The webinar will cover legal issues facing California employers under the new Labor Code section prohibiting employers from asking applicants and employees for social media passwords, privacy issues when conducting background checks, alternatives to social media policies, and… Continue Reading

NLRB Issues New Memo On Validity of Social Media Policies

Posted in Best Practices For California Employers, Employee Handbooks, New Cases, Technology & Law
In October 2012 the National Labor Relations Board issued an advice memorandum regarding whether an employer’s social media policy violated the National Labor Relations Act (“NLRA”). This memorandum is of importance because the NLRB has issued findings recently that employer’s seemingly neutral social media policies violated employees’ rights under the NLRA. Section 7 of the… Continue Reading

Inside Litigation Over Social Media Accounts – Why Employers Should Have Social Media Policies – Part I

Posted in Best Practices For California Employers, Technology & Law
As previously written about on this blog, the case PhoneDog v. Kravtiz is one of the first cases in the country to deal with substantive ownership issues arising out of social media accounts used in the workplace. As companies are moving more and more away from traditional marketing and advertising towards the use of social… Continue Reading

Does the Company or the Employee Own a Twitter Account?

Posted in Best Practices For California Employers, New Cases, Technology & Law
Imagine you are an employer and your employee in charge of your social media accounts leaves, keeps the accounts, and begins using the accounts while working for a competitor. Conversely, imagine you are an employee, leave employment to work for a competitor and your former employer sues you for $350,000 because you refuse to stop… Continue Reading