With the continuing expansion of technology, employers face unique challenges to assure their policies and procedures are both legally compliant and help minimize legal liability. This presentation will highlight some of the developing legal issues surrounding Facebook, Twitter, and LinkedIn use in (and out of) the workplace, and will include a practical discussion of what you can and cannot do in terms of regulating employee social media use.

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© 2015 Baird Holm LLP
Facebagged,
Twerminated, and
NetWORKed:
Social Media and the Law
Kelli P. Lieurance
Baird Holm LLP
(402) 636-8298
klieurance@bairdholm.com
Social Media – What Is It?
• Social media refers broadly to
technology and Internet-based
features that allow some kind of
interactivity with and among
individuals
Social Media – What Is It?
• It’s being used by advertisers in virtually
every industry to
− Promote events, contests and
sweepstakes
− Increase website visibility and reach
− Lead generation
− Engage with existing and potential
customers

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© 2015 Baird Holm LLP
Social Media – What Is It?
• It can include social networking
websites such as Facebook and
YouTube, blogs, and promotions using
communication technology such as
Twitter
Benefits of Use
• Instant contact with others
• Great information source
• Generates awareness/enhanced
branding
• Relevancy ("everyone’s doing it")
Misunderstood Concepts
• Freedom of
Speech/First
Amendment
• Right to Privacy
Recent NLRB Developments

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© 2015 Baird Holm LLP
General Background
• The NLRA prohibits an employer from
promulgating workplace rules/policies
that would “reasonably tend to chill
employees in the exercise of their
Section 7 rights.”
General Background
• A rule that does not expressly restrict
protected activity may nevertheless
violate this section of the NLRA if:
1. Employees would reasonably construe the
policy’s language to prohibit Section 7 activity;
2. The rule was promulgated in response to union
activity; or
3. The rule has been applied to restrict the
exercise of Section 7 rights.
Can You Do the Following?
• Prohibit employees from accessing social
media during work time?
• Require employees to post disclaimers and
warnings?
• Prohibit use of Company logo?
• Prohibit disclosure of confidential personnel
information?
• Prohibit use of Company e-mail for unionizing?
• Regulate employee social media activity on
behalf of Company?
Recent Board Decisions

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© 2015 Baird Holm LLP
Non-Compete Agreements
TEKSystems v. Hammernick
Tom—
Hey! Let me know if you are still looking for
opportunities! I would love to have come visit my new
office and hear about some of the stuff we are
working on!
Let me know your thoughts!
Brelyn
-----------------
TEKSystems v. Hammernick
Hi Brelyn,
Indeed I am still looking. I have time, though!
Lets get together. Where are you working these days?
Your profile still has you working at TEKSystems. BTW -
my email address is _______ if you would prefer the
non-LinkedIn route.
Tom
Miscellaneous

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© 2015 Baird Holm LLP
HIPAA Ownership of Accounts
Technology Developments,
the FLSA, and Beyond
LinkedIn Reference Checks

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Consent to Post?
Is a Facebook “Like” Free
Speech?
= ?
Wanna be my “friend”?
Passwords—Gimme, gimme,
gimme?

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© 2015 Baird Holm LLP
I’m not just the President, I’m
also a client…
Questions?
Follow me on Twitter!!
@Employ_attny