Calling social media a “new” communications technology may be inaccurate, but the legal issues revolving around this relatively recent advancement is presenting “new” and vexing legal challenges in the workplace. National Labor Relations Act (NLRA)-protected rights to discuss working conditions, as well as regulations surrounding the collection of private data associated with the recruiting process, can make social media and mobile technologies a minefield for the employer. And though these risks existed prior to the social media revolution, they are amplified by the hyper-connectedness that these platforms set into motion.
For example, the transparency provided by social media platforms like Facebook may seem a great place for potential employers to get to know applicants or recruit, but the practice is fraught with risk. If care is not taken, employers can find themselves in violation of the Civil Rights Act.
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