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Showing 43 posts in Social Media.

Gone, But Not Forgotten – A Deactivated Facebook Account Can Be Discoverable

Posted In Social Media

Courts have long grappled with social media in a legal context. The struggle to understand social media issues -- and to craft coherent applicable legal policy -- renders Crowe v. Marquette Transportation Co. Gulf-Inland, LLC amusing to show how the less-than-honest actions of an employee-plaintiff can make these difficult legal questions fairly simple for a court. More >

Vetting Employees via Social Media – Walking the Digital Tightrope

As Comedy Central is discovering with the new host of The Daily Show, Trevor Noah, failure to fully vet an employee’s social media activity can have unexpected consequences. At the same time, an employee’s social media profiles can yield information that may be harmful to employers in the hiring process. There are potential pitfalls to examining an applicant’s social media profiles both too closely and not closely enough, and the lines are difficult to discern. More >

Who Owns Your Business’s Social Media Accounts?

Businesses are increasingly relying on social media to establish and grow their products and/or services. While the advantages of using social media are vast (i.e., it is inexpensive, comes with a virtually global audience, and has frequent and immediate contact potential), it does come with risks. Among the dangers is failing to address who owns a social media account. This is very much still an emerging issue in the law, but some existing case law and best practices can provide guidance as to how these ownership cases develop and how they can be avoided. More >

NLRB Judge Adds to Uncertainty Regarding Work Rules and Social Media Policies

On June 4, 2014, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) held in Professional Electrical Contractors of Connecticut, Case No. 34-CA-071532, that certain work rules and social media policies designed to protect customer privacy constituted unfair labor practices. The rules and policies at issue applied to employees who worked on customers’ premises. More >

Digital “Off-the-Record” Conversations?

Employers and business professionals are no strangers to “off-the-record” conversations and closed-door meetings. In today’s world, though, many long for a way to converse online without a permanent record of the conversation existing somewhere out there in Internet-land. New apps have responded to this need; think Snapchat (the popular app that allows users to set a predetermined time for how long recipients can view their photos) for text messaging. TigerText, Wickr, and Confide are just some of the self-destructing text apps that have recently emerged. Businesses, however, should proceed with caution when using these – they could not only present an air of impropriety but also be a legal hazard. More >

Facebook Friends & Workplace Enemies, cont.

On Monday, I provided details about the Ehling case wherein an employee had made an inappropriate Facebook post and, unbeknownst to her, had that Facebook post sent to her manager by a Facebook “friend” and coworker. More >

Facebook Friends & Workplace Enemies

Inappropriate Facebook posts, pictures and the like have led to many firings in recent years. A large number of employees have become smarter on social media and made a concerted effort to not “friend” a manager or boss. They think that they are keeping their online persona and work reputation separate…but is that really possible when dealing with the Internet? More >

McBrayer Attorneys Present at NADSA Conference

On October 10, 2013, three McBrayer attorneys spoke at the 2013 National Adult Day Service Association Conference held in Louisville, Kentucky. Lisa English HinkleJaron P. Blandford,and Cynthia L. Effinger presented, “ Hot Topics in Employment Law: Social Media; the Intersection of HIPAA and the NLRB; and Everyday Challenges.” The seminar discussed several important employment law updates for adult day service providers. You can download a copy of their presentation here: 2013 NADSA Conference.

McBrayer Attorneys' 2013 KYSHRM Conference Presentation

On September 25th, Amy D. Cubbage and Cynthia L. Effinger spoke at the 29th Annual Kentucky SHRM Conference, held in Louisville, KY. Their presentation, "Social Media: Strategy and Implementation. Are you protected?," focused on what companies can do to protect their businesses when issues arise (both internally and externally) with social media. The presentation included informative tips on how to create an legally sound social media policy and some new issues that employers and HR managers will soon face in the social media realm. If you missed the presentation, you can check out Amy and Cindy's presentation here and find a copy of their supporting documents here. More >

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