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12 J.L. Pol'y & Globalization 1 (2013)

handle is hein.journals/jawpglob12 and id is 1 raw text is: Journal of Law, Policy and Globalization wwwiisteorg ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.12, 2013 I 154 Social Media and the Workplace: Legal, Ethical, and Practical Considerations for Management Frank J. Cavico The H. Wayne Huizenga School of Business and Entrepreneurship Nova Southeastern University Email: cavicotnova.edu Bahaudin G. Mujtaba (correspondent author) The H. Wayne Huizenga School of Business and Entrepreneurship Nova Southeastern University Ft. Lauderdale, Florida USA 33314. USA. Email: mujtabatnova.edu Stephen C. Muffler The H. Wayne Huizenga School of Business and Entrepreneurship Nova Southeastern University Email: scmuffiegnova.edu; scmuffgmsn.com Marissa Samuel The H. Wayne Huizenga School of Business and Entrepreneurship Nova Southeastern University Email: marisamutnova.edu; msamuel.lawtgmail.com I. Abstract The prevalence, widespread use, and influence of technology in society today, including the workplace, is undeniable. Computers, the Internet, email, and cell phones are now indispensable parts of social interaction as well as business; and their sophistication, uses, and reach are expanding continually. Social media has completely transformed the life of many, many people. In particular, social media has materially changed the way in which people communicate. Social media affords people readily and easily usable ways to stay in touch with family, friends, colleagues, and co-workers, including the ability to rapidly share information and commentary. Business today is also taking advantage of social media - for marketing, management, and human resource purposes. Furthermore, the conception of the workplace has been broadened with the advent of technology and especially the existence of telecommuting. The increase in work outside the office... has further blurred the boundary between work and home, public and private (Gelms, 2012, p. 268). Social media, therefore, is being widely used in business and professional as well as personal settings. Of course, social media sites and accounts can contain some very personal and intimate information about people. Consequently, employers, employees, job applicants, as well as the legal system, are confronting with ever-increasing frequency the advancement of technology, the growth and proliferation of social media, and the challenges and difficulties presented by the use of social media and the modem-day workplace. Courts as well as legislative bodies, however, are now just beginning to address legal claims caused by social media and employment. Moreover, the extensive use of social media in the workplace also raises serious moral and ethical concerns. Given the popularity, prevalence, sophistication, and ever-growing use of social media, it is no surprise that social media in an employment context raises many difficult, as well as novel, legal, ethical, and practical issues. This article, therefore, is a legal, ethical, and practical examination of social media in employment. The legal section of this article is a very substantive one where the authors extensively address the legal ramifications of social media in the private employment context. Statutory laws - federal and state, common law doctrines, as well as proposed federal and state laws, are examined to ascertain their applicability to social media policies and practices in employment. Case law, regulatory law, as well as legal and management commentary, are also examined to determine how a wide variety of laws apply, and could apply, to social media in the workplace. Case illustrations of legal principles being applied to social media workplace disputes as well as hypothetical examples are provided by the authors. As noted, the focus of

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