Computer Use & Social Media
Employee's pornography viewing at work not linked to recognized disability; dismissal upheld by arbitrator
Interior Health Authority (South Similkameen Health Centre) and Hospital Employees' Union, (R.P. Discharge)  B.C.C.A.A.A. No. 44 (Kate Young)
California passes legislation prohibiting employers from demanding access to personal social media accounts
California has passed legislation prohibiting employers from demanding access to employees' and job applicants' personal social media accounts. The text of the September 27, 2012 press release from the Govenor's office is as follows:
Governor Brown Signs Laws to Protect Privacy for Social Media Users
Governor Edmund G. Brown Jr. today took to Twitter, Facebook, Google+, LinkedIn and MySpace to announce that he has signed two bills that increase privacy protections for social media users in California.
Assembly Bill 1844 (Campos) and Senate Bill 1349 (Yee) prohibit universities and employers from requiring that applicants give up their email or social media account passwords.
"The Golden State is pioneering the social media revolution and these laws will protect all Californians from unwarranted invasions of their personal social media accounts," said Governor Brown. read more »
Alberta arbitrator: derogatory/threatening Facebook postings about supervisors justified dismissal for cause
In Canada Post v. Canadian Union of Postal Workers,  C.L.A.D. No. 85 (March 21, 2012 Ponak) an Alberta arbitrator ruled that employee's derogatory and threatening Facebook postings about her supervisors justified dismissal for cause.
The headnote of the decision summarizes it as follows: read more »
Back in January 2012, the US National Labour Relations Board Acting General Counsel released a second report describing 14 social media cases reviewed by his office.
Here's the entire news release, with a link to the report (and the one that preceded it):
To help provide further guidance to practitioners and human resource professionals, NLRB Acting General Counsel Lafe Solomon has released a second report describing social media cases reviewed by his office.
The Operations Management Memo covers 14 cases, half of which involve questions about employer social media policies. Five of those policies were found to be unlawfully broad, one was lawful, and one was found to be lawful after it was revised. read more »