No Forced “Friends” Under Recent New Hampshire Legislation Prohibiting Employers’ Access to Employees’ Social Media Accounts

New Hampshire recently passed a law prohibiting employers from requesting the login information for an employee’s personal e-mail or social media account. The law also provides that an employer cannot demand to be connected to an employee through the employee’s personal account (i.e., demand that the employee “friend” the employer), or require the employee to

Employer Called “Fowl” on Employee’s Intimidating Facebook Posts Directed at Coworker

An Arkansas federal court recently ruled that Tyson Foods, Inc. was within its rights to terminate an employee for directing intimidating Facebook posts to co-workers in violation of the Company’s directive not to contact her co-workers during an investigation. The Facebook posts appear to have been made outside of work hours and away from the Company’s

Teacher’s Private Blog Posts Insulting Her Employer, Co-Workers, and Students Not Protected by First Amendment

In Munroe v. Central Bucks School District, a Pennsylvania federal court determined that a public school teacher’s “opprobrious” comments in a private blog about her school, co-workers, students, and parents were not protected speech under the First Amendment. The plaintiff began a private blog in 2009 in which she only identified herself as “Natalie M”

In an “Upset” Win, an Employer’s Social Media Policy is Upheld by the NLRB

As we posted back in May, the NLRB recently has scrutinized employers’ social media policies, often holding that such policies violate Section 7 of the NLRA by limiting employees’ rights to engage in “concerted activities” for the purpose of collective bargaining.  But, a recent decision from an NLRB Administrative Law Judge (ALJ) in San Francisco

One More Social Media Termination — A Texas Roadhouse Waitress is Fired After a Friend Turns Her In

The news of another social media termination went viral last week, and, as expected, the blogosphere weighed in with varied opinions about the employer’s decision.  Even though the termination appears harsh at first blush, upon closer examination it is not that surprising. Here is what happened. A waitress at a Texas Roadhouse restaurant in Ohio

Reporting Sexual Harassment on Facebook

With so many employees now posting on social media—both at work and after work—employers must consider what to do if an employee complains online about workplace harassment. Recently, the U.S. Supreme Court provided some guidance by declining to review a Tenth Circuit decision that touched on this issue. In Debord v. Mercy Health System of

“All Aboard!”: Oklahoma, Tennessee, and Louisiana Join the Trend and Ban Employer Access to Social Media

This past month, Oklahoma, Tennessee, and Louisiana all joined the recent trend in enacting laws prohibiting employers from accessing their employees’ personal social media accounts. These states now join 11 others that have passed similar laws (and legislation is currently pending in 28 more states). California added similar provisions to its Labor Code in 2013,

Social Media Considerations for the Public Sector Employer

Last year, after a military subcontractor shot and killed 12 people at the Washington D.C. Navy Yard, the University of Kansas placed on administrative leave a journalism professor who tweeted the following from his personal account: “The blood is on the hands of the #NRA. Next time, let it be YOUR sons and daughters. Shame