Tag Archive | social media

Tennessee Employee Online Privacy Act of 2014

2008 CLE TN flagBeginning in 2015, employers in Tennessee cannot request or require access to social networking or electronic accounts of applicants or employees. The law, called the “Employee Online Privacy Protection Act of 2014,” was passed in this year’s legislative session and becomes effective on January 1.

There are some important exceptions. Under the Act, an employer may:

  • request or require log-in information (username or password) to access an electronic device provided by or paid for (in whole or in part) by the employer;
  • request or require log-in information (username or password) to access an electronic account or service obtained because of the employment or used for the employer’s business purposes;
  • monitor, review, access, or block data that resides on an electronic device provided by or paid for (in whole or in part) by the employer or data that is stored on the employer’s network (provided that it complies with applicable federal and state laws); or
  • obtain, access, or view electronic information about an applicant or employee that is in the public domain or that can be accessed without violating the restrictions placed by the Act.

 

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Social Media Jury Instructions

Much of HR is focused on staying out of the courtroom.  However, there are times that employment issues end up there.  Just as use of social media has become a big issue for employers, it is becoming more and more of a problem for courts.

A new model instruction has been proposed by the Judicial Conference Committee on Court Administration and Case Management.  It reads in part:

I know that many of you use cell phones, BlackBerrys, the Internet and other tools of technology. You also must not talk to anyone at any time about this case or use these tools to communicate electronically with anyone about the case. This includes your family and friends. You may not communicate with anyone about the case on your cell phone, through e-mail, BlackBerry, iPhone, text messaging, or on Twitter, through any blog or website, including Facebook, Google+, My Space, LinkedIn, or YouTube. You may not use any similar technology of social media, even if I have not specifically mentioned it here.

A full copy of the instruction can be found here:  Proposed Model Jury Instructions; The Use of Electronic Technology to Conduct Research on or Communicate about a Case.

New Wilson Worley Employment Newsletter on NLRB Stance on Social Media and EEOC Position Related to Education Requirement and ADA

For the most recent employment newsletter by Sam Booher of the Wilson Worley Employment Section, click here.  He outlines the NLRB’s softening of its position on whether social media use is a protected activity.  He also outlines that the EEOC has opined that a blanket requirement of a high school diploma may violate the Americans with Disabilities Act.  Our employment attorneys provide monthly newsletter updates.