What are the laws concerning the use of social media in the workplace?

Social media is a powerful tool in the workplace. However, North Carolina has laws that protect individuals’ rights to privacy and prevent harassment and discrimination online. The North Carolina Electronic Employment Security Act (NCEESA) prohibits employers from requiring employees to surrender passwords to their personal electronic accounts. This applies to any employee’s personal accounts, including social media. Employers should also be careful when collecting employee data through their social media accounts. The NCEESA prohibits employers from collecting, using, or disclosing personal employee information without the employee’s written consent. The North Carolina Unfair and Deceptive Practices Act (NCUDPA) prevents employers from using social media to harass or discriminate against employees. The NCUDPA prohibits employers from making false or disparaging comments, using social media to monitor an employee’s activities, or coercing an employee to add the employer to their personal accounts. Employees also have certain rights regarding their own social media usage. The North Carolina Wage and Hour Act (NCWHA) prohibits employers from taking adverse action against an employee for lawful off-duty activities, including posting on social media. The NCWHA also bars employers from requiring employees to post positive messages about the company or its products. Overall, employees and employers must be aware of the laws in North Carolina when it comes to the use of social media in the workplace. Employers should be mindful of any privacy or discrimination concerns, while employees should know their rights and act accordingly.

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