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Showing 8 posts in Social Privacy Laws.

Who Owns Your Business’s Social Media Accounts?

November 10, 2014
Posted In Employee Handbook, Employment Law, Online Account Protection, Online Defamation, Social Media, Social Media Ownership, Social Media Policies, Social Networking Online Protection Act (SNOP), Social Privacy Laws

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 >

Facebook Friends & Workplace Enemies, cont.

November 13, 2013
Posted In Ehling v. Monmouth-Ocean Hospital Service Corp., Employee Misconduct, Employment Law, Social Media, Social Media Policies, Social Privacy Laws

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

November 11, 2013
Posted In 2013), Employee Misconduct, Employment Law, Federal Stored Communications Act (“SCA”), Internet & Media Law, Litigation, Social Media, Social Media Policies, Social Privacy Laws

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' 2013 KYSHRM Conference Presentation

September 30, 2013
Posted In Human Resource Department, KYSHRM 2013, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB), SHRM, Social Media, Social Media Ownership, Social Media Policies, Social Privacy Laws, Uncategorized

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 >

Social Media & Emerging Employer Issues: Are You Protected?

June 25, 2013
Posted In Crisis Management, Defamation, Freedom of Speech, Internet & Media Law, Social Media, Social Media Ownership, Social Media Policies, Social Privacy Laws

On June 13, Business First and McBrayer sponsored their second Social Media Seminar. The seminar’s precedent, Social Media: Strategy and Implementation, was offered in 2012 and was hugely successful. This year’s proved to be no different. Presented by Amy D. Cubbage and Cynthia L. Effinger, the seminar focused on emerging social media issues for employers. If you missed it, you missed out! But don’t worry, a seminar recap is below and you can find a copy of the PowerPoint slides by clicking here.  More >

Can Having Employees Pose for the Camera Pose Problems for You?

March 6, 2013
Posted In Employee photographs, Employment Discrimination Laws, Employment Law, KRS 391.170, Social Media, Social Media Policies, Social Privacy Laws

Employers have a variety of reasons for using employee photos, including: More >

Internet Defamation—What Can You Do When You Are the Target?

December 27, 2012
Posted In Communications Decency Act, Employment Law, Internet & Media Law, Internet Defamation, Social Media, Social Media Policies, Social Privacy Laws

We’ve all seen them.  Anonymous spewing hate-filled, defamatory statements on Facebook and Twitter, as well as in the comment pages of news stories on both local and national news.  The commenters have a certain entertainment value, until you or your business are in their sights.  So what do you do?  The answer is not always so simple, especially when you don’t even know who is speaking. More >

Efforts to Restrict Employer Access to Social Media Passwords Pick Up Steam

September 28, 2012
Posted In Employee Misconduct, Employment Discrimination Laws, Employment Law, Human Resource Department, Internet & Media Law, Social Media, Social Media Policies, Social Privacy Laws, Workplace Discrimination, Harassment and Retaliation, Workplace Politics

Legislative efforts to prohibit employers and educational institutions from demanding social media passwords from applicants and employees picked up steam as California became the third state to pass such a law on Thursday, September 27, 2012.  California joins Maryland and Illinois as states making this prohibition law, though none of the statutes have yet to go into effect. More >

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