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Facebagged, Twerminated & NetWORKed: Social Media & the Law - Kelli Lieurance


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With the continuing expansion of technology, employers face unique challenges to assure their policies and
procedures are both legally compliant and help minimize legal liability. This presentation will highlight some of the developing legal issues surrounding Facebook, Twitter, and LinkedIn use in (and out of) the workplace, and will include a practical discussion of what you can and cannot do in terms of regulating employee social media use.

Published in: Recruiting & HR
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Facebagged, Twerminated & NetWORKed: Social Media & the Law - Kelli Lieurance

  1. 1. 1 © 2015 Baird Holm LLP Facebagged, Twerminated, and NetWORKed: Social Media and the Law Kelli P. Lieurance Baird Holm LLP (402) 636-8298 Social Media – What Is It? • Social media refers broadly to technology and Internet-based features that allow some kind of interactivity with and among individuals Social Media – What Is It? • It’s being used by advertisers in virtually every industry to − Promote events, contests and sweepstakes − Increase website visibility and reach − Lead generation − Engage with existing and potential customers
  2. 2. 2 © 2015 Baird Holm LLP Social Media – What Is It? • It can include social networking websites such as Facebook and YouTube, blogs, and promotions using communication technology such as Twitter Benefits of Use • Instant contact with others • Great information source • Generates awareness/enhanced branding • Relevancy ("everyone’s doing it") Misunderstood Concepts • Freedom of Speech/First Amendment • Right to Privacy Recent NLRB Developments
  3. 3. 3 © 2015 Baird Holm LLP General Background • The NLRA prohibits an employer from promulgating workplace rules/policies that would “reasonably tend to chill employees in the exercise of their Section 7 rights.” General Background • A rule that does not expressly restrict protected activity may nevertheless violate this section of the NLRA if: 1. Employees would reasonably construe the policy’s language to prohibit Section 7 activity; 2. The rule was promulgated in response to union activity; or 3. The rule has been applied to restrict the exercise of Section 7 rights. Can You Do the Following? • Prohibit employees from accessing social media during work time? • Require employees to post disclaimers and warnings? • Prohibit use of Company logo? • Prohibit disclosure of confidential personnel information? • Prohibit use of Company e-mail for unionizing? • Regulate employee social media activity on behalf of Company? Recent Board Decisions
  4. 4. 4 © 2015 Baird Holm LLP Non-Compete Agreements TEKSystems v. Hammernick Tom— Hey! Let me know if you are still looking for opportunities! I would love to have come visit my new office and hear about some of the stuff we are working on! Let me know your thoughts! Brelyn ----------------- TEKSystems v. Hammernick Hi Brelyn, Indeed I am still looking. I have time, though! Lets get together. Where are you working these days? Your profile still has you working at TEKSystems. BTW - my email address is _______ if you would prefer the non-LinkedIn route. Tom Miscellaneous
  5. 5. 5 © 2015 Baird Holm LLP HIPAA Ownership of Accounts Technology Developments, the FLSA, and Beyond LinkedIn Reference Checks
  6. 6. 6 © 2015 Baird Holm LLP Consent to Post? Is a Facebook “Like” Free Speech? = ? Wanna be my “friend”? Passwords—Gimme, gimme, gimme?
  7. 7. 7 © 2015 Baird Holm LLP I’m not just the President, I’m also a client… Questions? Follow me on Twitter!! @Employ_attny