Labor & Employment Law Updates
On January 4, 2021, the National Labor Relations Board (“the Board”) issued a 2-1 decision holding that an employer’s social media policy, which prohibited employees from engaging in certain communications, did not violate employees’ concerted activity rights afforded under the National Labor Relations Act (“NLRA”).
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As the use of social media has become ubiquitous in today’s society, so has the necessity to obtain evidence in litigation from the social networking websites of employees, former employees, and witnesses. However, the use of social media in litigation poses unique ethical and practical challenges for counsel, particularly during the course of discovery. This article briefly identifies two such areas of issues: (1) ethical issues counsel faces when obtaining evidence from social networking websites; and (2) spoliation issues counsel must consider with their client’s social media presence.
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