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Employee Rights and Social Media


In the experience of many Prince George’s County employees, the line between personal and work life may not be as distinct as it once was. It seems that social media is playing an increasing role in the workplace. It may not always be clear whether an employee’s posts can be fair game to other audiences, such as employers. That, in turn, may lead to unintended consequences or employment law disputes. Several recent examples come to mind.

The country’s top enforcer of union protections -- the National Labor Relations Board -- set the groundwork by determining that Facebook conversations among employees posting complaints about their working environment or supervisors could constitute activity protected by the National Labor Relations Act. That determination may apply even for employees who are only considering unionizing, and not already members of a union.

The U.S. Securities and Exchange Commission recently approved using Facebook and Twitter for companies making certain types of investment disclosures, such as reported earnings. Such company announcements were previously reserved to more formal channels, such as SEC filings or press releases.

Finally, a recent study found that more than three-quarters of companies surveyed use social media for applicant recruiting. Many human resources departments also confirm that social media might even be a resource for screening or background checks, although professional networking sites, such as LinkedIn, might generally be regarded as more appropriate for that purpose.

To avoid ambiguity, an employer might codify its best practices and expectations regarding Internet use and email or other digital communications on corporate servers, accounts and equipment.

Source: insidecounsel.com, “The risks and rewards of social media,” Adele Nicholas