Many brand owners use their websites to promote their goods and services, as well as to promote their brands. Brand owners also frequently use social media to promote their brands. Indeed, it’s common for a website to include links to social media platforms such as Twitter and Pinterest. But if your site is directed to children, … Continue reading
On May 8, 2013, the National Labor Relations Board (“NLRB”) released a memorandum providing guidance on whether an employee’s Facebook comments with current and former co-workers constituted protected, concerted activity. The memorandum was prepared in response to an employer’s request for advice about whether it violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) … Continue reading
The highly respected Pew Center recently released its demographic data on social media usage. The data shows that regardless of age, race, sex, education, or income, well over half of the adults in the United States who use the internet, use social media. It is therefore reasonable that employers would formally address their expectations of … Continue reading
On April 2, 2013, the Securities and Exchange Commission (the “SEC”) issued a report (the “Report”) indicating that companies can use social media, such as Facebook and Twitter, to announce key information in compliance with Regulation Fair Disclosure (“Regulation FD”), provided that investors have been informed of which social media outlet will be used to … Continue reading
We have previously covered a case involving ownership of Twitter followers when an employee moves to a new employer, and now turn our attention to a related issue: do an individual’s public Facebook posts about a new job violate a non-solicitation agreement with the former employer? A federal court in Oklahoma recently faced this issue … Continue reading
As more companies recognize the brand value created and sustained through social media, there is greater interest in preserving social media accounts for company use and retaining the follower, member or “friend” base that has been built over time. Simultaneously, an increasing number of employees believe that the social media accounts are not company property … Continue reading
Many companies are joining various social media sites, but how many sites’ user agreements conflict with companies’ policies and requirements? It may be simpler for a government agency to join a social media site than a corporation, thanks to the U.S. General Services Administration (“GSA”). The GSA, representing federal government agencies, has negotiated amendments to … Continue reading
On November 15, 2012, the National Labor Relations Board again rejected an employer’s social media policy because it could be construed to chill employees’ rights to join together for mutual aid and protection. Dish Network’s employee handbook banned employees from making “disparaging or defamatory comments” about the company. Relying on the NLRB’s recent decision invalidating … Continue reading