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ARTICLE · 01 OCTOBER 2015

Accessing An Employee's Social Media Account? A Patchwork Of State Laws

The water cooler, it seems, is a thing of the past.

United StatesPrivacy

The water cooler, it seems, is a thing of the past. Or at least the actual physical water cooler is. These days, many of the office conversations take place online. Employees air their grievances, connect with each other, and catch up on each other's lives through social media. As technology plays a bigger role in our lives and simple statements that were previously private now become public, employers have an increased interest in what their employees are doing and saying online. Are they disparaging the company? Are they harassing other employees? Are they divulging company secrets? While these are all valid questions that an employer may want answered, employers need to tread carefully when developing policies regarding their employees' use of social media. As the technological landscape and employee behavior is changing, so too are the laws governing permissible employer actions in relation to social media.

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