Title: Law on Social Media Policies at Work | Justia
Headings: Social Media Policies
Social Media Policies
Employees Acting Together to Address Work Conditions on Social Media
On Your Own Time: Social Media

Content: An employer’s social media policies should not be so broad that they prohibit the discussion of wages or working conditions among employees. If posts or comments on posts are not work-related, they are not likely to be considered “protected activity” under NLRA. Moreover, an employee’s gripes on social media about an employer or coworker are not protected activity unless they are made in relation to group activity among employees. If you post a malicious rumor to Facebook about a supervisor having a sexually transmitted disease and a number of your Facebook friends are coworkers, this is not likely to be found protected concerted activity. It also may open you up to civil liability in a defamation or privacy suit. For example, when a BMW salesman posted photos of an embarrassing incident at a dealership near his workplace, which did not involve fellow employees, the NLRB agreed with the administrative law judge that this was not protected concerted activity. On Your Own Time: Social Media
About 25 states now have laws which prohibit and employer from asking for or obtaining the passwords to your personal social media accounts. Some of the laws also forbid an employer from requiring you to change your privacy settings or add a person from the company as a friend or contact. Last updated September 2018
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Employment Law
Employment Discrimination and Harassment
Overtime and Wage & Hour Laws
Employment Contracts & Hiring
Arbitration Agreements
Use of Social Media in Hiring
At-Will Employment
Non-Compete Agreements
Firing / Wrongful Termination
Layoffs / WARN Act
OSHA Compliance
Employment Background Checks
Severance
Workers' Compensation & Disability
Class Action Employment Lawsuits
Defamation in Employment
Employee Benefits
Employment Law Compliance
Immigration in Employment
Labor Unions
Licensing Agency Investigations
Retaliation
Tip Pooling
Employment Law FAQs
Find an Employment Law Lawyer