Category Archives: Social networking

Concerted activity, Social networking

Navigating the Intersection of Employment Law and Social Media in West Virginia

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I’m following up on my earlier article about social media issues in the workplace.

Introduction

In today’s digital age, social media platforms like Facebook, Twitter, LinkedIn, and Instagram have become integral to our daily lives. For employers and employees alike, these platforms offer opportunities for networking, branding, and personal expression. However, they also present challenges when personal posts intersect with professional responsibilities. In West Virginia, understanding how employment law interacts with social media use is crucial for both employers aiming to protect their business interests and employees safeguarding their rights.

Social Media Policies: A Double-Edged Sword

Employers often implement social media policies to maintain workplace decorum and protect proprietary information. These policies may address issues such as:

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National Labor Relations Act, Social networking

The Legal Implications of Employee Social Media Use

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Social media has transformed how people communicate, but it has also created legal challenges in the workplace. Employers want to protect their reputation and confidential information, while employees want to express themselves freely. The big question is: how much control can an employer legally exert over an employee’s social media activity? Let’s break it down.

Can Employers Restrict Employee Social Media Use?

Yes, but with limitations. Employers can implement social media policies to safeguard their business interests, prevent workplace harassment, and maintain productivity. However, they must ensure these policies do not violate employee rights under federal and state law.

For example, the National Labor Relations Act (NLRA) (29 U.S.C. § 157) protects employees who engage in “concerted activity”—discussions about wages, working conditions, or unionizing efforts. The National Labor Relations Board (NLRB) has ruled that employers cannot discipline workers for social media posts that fall under this protection (NLRB v. Pier Sixty, LLC, 855 F.3d 115 (2d Cir. 2017)).

Employers can take action against employees for social media posts that:

  • Violate company policies (e.g., harassment, discrimination, or confidentiality rules).
  • Contain threats, hate speech, or defamatory statements.
  • Cause significant reputational harm to the employer.

However, a blanket ban on work-related social media discussions could violate federal labor laws.

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Drew Capuder, Social networking

Please help me!! I’m Tweeting, and I can’t stop!!!!!

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Okay, I gotta admit that I’ve been skeptical about the value of Twitter. Lawyers tend to delude themselves into believing that they think important and deep thoughts. For example: “I just read an interesting article on res ipsa loquitur and its relationship to the Philippines probate code. Would you please pass the Chardonnay and the shrimp tempura?” And let’s face it, how good are lawyers at being brief? Lawyers are almost congenitally incapable of expressing themselves in 140 characters or less.

But my army of marketing consultants (er, all the marketing dudes writing on the Internet) says Twitter and Facebook have real business value for lawyers (everyone assumes lawyers are too anti-social to actually use those sites for their originally intended social purposes). So I’ve done some moderately careful looking at Twitter and have decided to jump on the bandwagon. Of course, now that I am on that bandwagon, I think Twitter is the greatest thing since sliced bread. Here it is, my button so you can follow me on Twitter:

Follow DrewCapuder on Twitter

What am I Tweeting about (like most people above 23, I initially associated the word “Tweeting” with something that was dripping down my leg)? I have only been Tweeting a few weeks, so I am still getting my sea legs. But here is a list of things I have been and expect to be Tweeting about:

  • Employment-related legal issues. This is the main area of my practice, and most of my Tweets will be on this topic.
  • Legal issues relating to the medical industry (much of my employment litigation is in the medical industry).
  • Other legal issues which I think may be of interest to my “followers” (I feel the power coursing through my veins).
  • Time management and organizational skills. Like most lawyers and business people, I am always looking for ways to become more efficient, so I can spend more time concentrating on deep thoughts.
  • Computer and software products & issues that might be of interest to lawyers and business people.
  • Media issues. I teach a class at Fairmont State University on legal and ethical issues in media, and I am especially interested in media bias in general and specifically relating to political coverage.
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