Are employers allowed to monitor their employees’ posts on social media?

In New Mexico, employers are allowed to monitor their employees’ posts on social media. This is because the state law does not provide any specific protection to employees regarding the monitoring of their social media activity. Employers are allowed to monitor their employees’ posts without the consent of the employee. However, employers must be careful to not violate any privacy laws when monitoring their employees. Privacy law in New Mexico includes the right to privacy of information contained on employee devices, employer access to information on employee devices, and employer’s obligations to protect employee data security. Employers should always clearly state in their employee handbook that they reserve the right to monitor employee social media posts. The employee should be aware that their posts may be monitored and understand the consequences of any inappropriate posts. Employers should also be aware of the potential for social media posts to be considered a form of protected speech. Employees may be able to challenge any discipline taken as a result of social media posts. Ultimately, while employers in New Mexico are allowed to monitor their employees’ posts on social media, they should ensure they are not violating any privacy laws or infringing on any protected speech rights.

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Are employers allowed to monitor their employees’ posts on social media?

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