McGrady on Social Media Aspects of Employment Law
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Thorough and timely, McGrady provides attorneys, human resources representatives, and media relations experts with comprehensive and practical analysis of this dynamic topic. Coverage includes the recruitment aspects of social media, employee usage and restrictions, "concerted activity" considerations in the context of the NLRA, and post-termination guidance on social-media-account take-downs. Culminating in sample policies, clauses and checklists, McGrady on Social Media Aspects of Employment Law is an invaluable resource for the modern employment practitioner.
Paul McGrady, of Winston & Strawn, is a highly seasoned trademark, social media and domain name expert. Author of two existing LexisNexis titles – McGrady on Social Media and McGrady on Domain Names – Mr. McGrady brings a wealth of practical insights and litigation-tested advice to the subject of social media and, in particular, social media in employment settings. McGrady on Social Media Aspects of Employment Law is his newest title and a proud addition to LexisNexis's exceptional collection of labor & employment products.
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Table of contents
CHAPTER 1. INTRODUCTION TO EMPLOYMENT LAW AND SOCIAL MEDIA
§ 1.01 Social Media Defined
§ 1.02 Types of Employees and Independent Contractor Defined
CHAPTER 2. USE OF SOCIAL MEDIA IN EMPLOYEE RECRUITMENT, RETENTION, AND MANAGEMENT
§ 2.01 Introduction
§ 2.02 Non-discrimination Concerns
§ 2.03 Background Checks
§ 2.04 Monitoring of Employee Social Media Accounts: Password Demand Laws
§ 2.05 Monitoring Social Media for Mentions of Misconduct: Stored Communications Act
§ 2.06 Employees’ Rights of Publicity
CHAPTER 3. USE OF SOCIAL MEDIA IN COMMUNICATIONS WITH EMPLOYEES
§ 3.01 Introduction
§ 3.02 Employer-Created Social Media Groups
§ 3.03 Employee Endorsements
CHAPTER 4. PROPER RESTRICTIONS ON USE OF SOCIAL MEDIA BY EMPLOYEES
§ 4.01 Brand Consistency
§ 4.02 Ownership and Control of User Names/Accounts
§ 4.03 Disclosure of Employee Status When Making Endorsement
§ 4.04 Trade Secret Protection
§ 4.05 Colleague Privacy Protection
§ 4.06 Anti-harassment Policy
§ 4.07 Protecting Third Party Intellectual Property Rights
CHAPTER 5. SOCIAL MEDIA AND EMPLOYEE CONCERTED ACTIVITIES
§ 5.01 Introduction
§ 5.02 Employee Protections and Employer Legitimate Interests Under National Labor Relations Act
§ 5.03 Employee Concerted Activity
§ 5.04 Former Employees’ Exercise of Future Concerted Activity
§ 5.05 Labor Organizations’ Activity
CHAPTER 6. SOCIAL MEDIA USE BY FORMER EMPLOYEES
§ 6.01 Introduction
§ 6.02 Corporate Defamation
§ 6.03 Trade Secrets and Social Media
§ 6.04 Social Media and Non-Solicitation by Former Employees
§ 6.05 False Association; Misrepresentation
CHAPTER 7. USE OF EMPLOYEE SOCIAL MEDIA IN DISPUTES WITH EMPLOYERS
§ 7.01 Social Media Accounts as Discoverable Sources of Information about Employees
§ 7.02 Likely Sources of Relevant Social Media Content
CHAPTER 8. SOCIAL MEDIA TAKE DOWN PROCESS FOR EMPLOYERS
§ 8.01 Reasons for Take Downs
§ 8.02 Communications Decency Act Safe Harbor and Social Media Platforms
§ 8.03 Examples of Take Down Mechanisms for Stolen Trade Secrets or Other Private Information
CHAPTER 9. E-MAIL ALTERNATIVE SERVICES
§ 9.01 E-mail Alternative Services (EAS) Defined
§ 9.02 Prominent Examples of EASM
CHAPTER 10. SAMPLE SOCIAL MEDIA POLICIES, CLAUSES AND CHECKLISTS
§ 10.01 Sample Social Media Job Description
§ 10.02 Social Media Self-Audit Checklist
§ 10.03 Sample Employee Handbook Policies