The intersection of social media data and the use of that data for employment purposes is generating significant interest from the FTC and should provide fertile ground for litigation as legislatures and the courts sort out where the boundaries lay.
National Labor Relations Board Acting General Counsel Lafe Solomon recently issued the third report on social media cases brought to the agency.
The report focuses on employer policies governing the use of social media by employees, detailing seven cases involving such policies. In six cases, the General Counsel found certain provisions of the employers’ social media policy to be lawful. In the seventh case, the entire policy was found to be lawful.
Provisions are found to be unlawful when they interfere with the rights of employees under the National Labor Relations Act, such as the right to discuss wages and working conditions with co-workers.
“I hope that this report, with its specific examples of various employer (social media) policies and rules, will provide additional guidance in this area,” Mr. Solomon said.
By: Charlie Hoey, Marketing Manager, A-Check America, Inc.firstname.lastname@example.org