Computers are an essential and integral part of our lives. With the advent of social media, Facebook, LinkedIn, Twitter, Instagram and Google Plus have become the fastest-growing Internet playgrounds, socially and professionally, and it is not uncommon for employees to use computers to play at work. While many employers have adopted policies limiting or prohibiting the use of work computers for non-work-related business, social media has presented a major obstacle to employers trying to keep work at work.

With more than 1 billion worldwide Facebook users, 260 million on LinkedIn and 240 million on Twitter, the Internet has become a work and social haven. We friend, connect, tweet and update, all under the guise of staying connected with friends, family, clients and prospects. Yet despite the explosion of social media users, normative behaviors have not yet clearly been established in the law or between employers and employees as to what social media conduct is acceptable and not. Employees are left wondering whether their activity on social media is private or protected and to what extent. Employers struggle with whether they can obtain social media passwords from employees to do background checks, as well as how to protect themselves against unwanted leaks of confidential information and breaches of noncompetition, nonsolicitation or separation agreements.

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