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Employers Asking for Social Media Passwords: Will We Ever See the NLRB Chime In?

Our colleague Bill Nolan published an article yesterday for TLNT.com addressing the recent brouhaha about employers asking for applicants' Facebook passwords. The article, titled “Take A Deep Breath: It's Not Ridiculous to Ask For Social Media Passwords" discusses various employment issues triggered by an employer's password requests and complements the traditional labor issues discussed in this week's earlier post.

This article also got us thinking about unanswered questions which arise in the traditional labor context, i.e., could this constitute union surveillance and is it possible that the provision of social media passwords become mandatory subjects of bargaining? We suspect that, in those jurisdictions where this practice is permitted, we will see some guidance from the NLRB and the courts.

Bill Nolan 's article can be found here.


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