As the law attempts to keep up with technology, judges often must draw difficult lines concerning social media and individual rights. A recent ruling by an NLRB administrative law judge held that a provision in an employer’s social medial policy prohibiting any online commenting on work-related legal matters was too broad. However, the judge upheld another portion of the policy prohibiting unapproved posting of photos showing employees in uniform. A Washington case asks whether an employer engaged in disability discrimination when it fired an employee after discovering her suicidal Facebook postings. A Marine has filed suit on First Amendment grounds after facing dismissal for Facebook postings criticizing the Obama administration.
Technology and the Workplace
- NLRB Administrative Law Judge Splits the Baby in Ruling on a Social Media Policy (OhioEmployer’sLawBlog)
- Facebook and Suicidal Thoughts (SocialMediaEmploymentLawBlog)
- Why Corporations Covet ‘Kill Switches’ on Workers’ Mobile Devices (Businessweek)
Technology and the Law
- Police Are Using Phone Tracking as a Routine Tool (NYTimes)
- Marine Facing Dismissal for Facebook Page Argues Free Speech Case (ABCNews)
- Arizona Stalking Bill Prohibiting Annoying, Offensive Online Comments to Be Amended (WashingtonPost)