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Social Media in the Workplace

Related Practices

Rankings & Honors

  • Recognized nationally as a Tier One firm—the highest possible ranking—in “Employment Law—Management” and “Litigation—Labor & Employment” by U.S. News/Best Lawyers “Best Law Firms.” Our employment group is also recognized in every metropolitan area we practice
  • Employment attorneys ranked as leading lawyers in their fields by Chambers USA/Global
  • Ranked by Law360 as an Employment 100 firm
  • National and metropolitan honors from publications like Best Lawyers in America, Super Lawyers, Martindale-Hubbell, and other directories and publications
 

SOCIAL MEDIA IN THE WORKPLACE

We help you navigate the relationship between technology and the law, providing insights for managing your workplace in a social world.

Our approach

Social media statistics are overwhelming: the majority of recruiters use social media to find candidates, most Fortune 500 companies are active on Twitter and over a billion people are on Facebook.

As employers expand their use of technology and social strategies, questions abound:

  • Should you restrict employee use of social media, and how?
  • How can you best encourage your employees to be brand ambassadors to create meaningful dialogue with loyal customers?
  • What happens if a customer or former employee smears your business online?
  • What should you do if you discover proprietary or confidential information on a social profile?

We’re charting the course in this new and evolving space, clearing a path to keep the legal issues from standing in the way of using social media to promote your brand.

Who we work with

  • All employers, large and small (even if an employer isn’t using social media, its employees are)
  • Service providers who utilize technology and the internet for internal or external investigations
  • Vendors developing and selling social media products and services
  • PR and crisis planning agencies who respond to social media disasters

Recent experience

We have assisted companies in all facets of managing social media in the workplace, including:

  • Crafting social media policies that address:
    • the use of social media in the hiring process
    • employee use of social media as it relates to and impacts the employer and its brand
    • employee management of and engagement with the company’s external social media presence (e.g., a company’s own Facebook and Twitter pages)
  • Guiding clients through the decision-making process for disciplining employees who misuse use social media in a way that impacts the company’s brand
  • Advising technology companies on the lawfulness of certain features in new products, apps, social communication platforms or services intended for use in the employment context
  • Training employees—including management and human resources—on the employer’s social media policies and practices
  • Making sure employers are aware of their employees’ privacy rights as they relate to technology
  • Counseling clients on complying with existing and emerging statutory, regulatory and case law guidance on social media, including the Genetic Information and Nondiscrimination Act, Financial Industry Regulatory Authority regulations, the growing body of guidance from the National Labor Relations Board and federal and state employee privacy rights
  • Drafting discovery requests in litigation specifically regarding access to information from individual plaintiffs’ social media

Media Clips

  • What You Know Can Hurt You
    Long Island Business News | June 13, 2014
    Long Island Labor & Employment partner Chris Gegwich provides commentary on discrimination charges employers could face monitoring and/or researching employees through social media.
  • Watch Those Tweets: The EEOC Looks at Social Media
    Wall Street Journal At Work Blog | March 18, 2014
    This article quotes San Francisco Labor & Employment associate Renée Jackson, who was among the featured panelists in an Equal Employment Opportunity Commission hearing in Washington, DC, focused on the use of social media in the workplace.
  • No Firing After Facebook Post, NLRB Tells Tour Bus Company
    Reuters | May 8, 2013

    San Francisco Labor & Employment associate Renée Jackson discusses the National Labor Relations Board’s focus on social media as illustrated by a recent ruling that a tour bus guide was unlawfully fired from his job after complaining about working conditions in a Facebook post.

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  • Social Media and Employment
    C-SPAN | May 6, 2013

    San Francisco Labor & Employment associate Renée Jackson is among the featured panelists who spoke about the privacy, social, and policy implications that arise when employers use social media to gather personal data of potential employees during the hiring process.

  • Company Social Media Accounts—Who Owns Those Twitter Followers?
    Forbes | February 18, 2013

    San Francisco Labor & Employment associate Renée Jackson discusses employee versus employer “ownership” of company social media accounts in this Q&A.

  • Social Media, Passwords and the Hiring Process: Privacy and Other Legal Rights
    Forbes | May 28, 2012

    This featured Q&A focused on social media in the hiring process is conducted with San Francisco Labor & Employment associate Renée Jackson. Click here to read the article on www.forbes.com.

Ideas

What's trending in data privacy & security
Privacy Alert | July 3, 2014

What's trending in data privacy & security
Privacy Alert | June 13, 2014

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What's trending in data privacy & security
Privacy Alert | April 25, 2014

Self-destructing text messages for business professionals? There's an app for that.
Employment Alert | February 4, 2014

Our Top Five Riskiest Data Security Activities
October 8, 2013

Webinar Recording: Your Company's Online Reputation—Rights & Risks of Employees Using Social Media
Originally recorded June 3, 2013 | June 12, 2013

Webinar Recording: Legally Social—Following social media trends impacting the workplace
Originally recorded March 21, 2013 | March 28, 2013

NLRB finds online discussion between non-union employees "protected activity"
Employment Law Alert | January 3, 2013

California employment legislation: What's new for 2013?
Employment Law Alert | October 5, 2012

California becomes third state to enact social media password law, joining Maryland and Illinois
Employment Law Alert | October 2, 2012

NLRB issues first decision regarding "online discussions" and ALJ issues decision regarding social media policies
Employment Law Alert | October 2, 2012

National Labor Relations Board takes aim at social media policies and at-will disclaimers
Employment Law Alert | July 26, 2012

NLRB again finds protected concerted activity in Facebook posts, orders fired employees reinstated
Employment Law Alert | May 11, 2012

Maryland enacts nation's first social media password law; more states and the federal government are following suit
Employment Law Alert | May 2, 2012

NLRB and workers' groups continue attack on employer social media policies
Employment Law Alert | April 16, 2012

Employers asking applicants for Facebook login information: an unwise employment practice takes the spotlight
Employment Law Alert | March 28, 2012

Employer's social media profile and "friends" list can be trade secrets under Colorado law
Employment Law Alert | March 21, 2012

Social media and employment law: looking back to 2011 and looking forward to 2012
Employment Law Alert | January 19, 2012

. . . Hide Thought Leadership. . .

Press

Events

Employee Privacy & Social Media