Social Media in the Workplace: Best Practices, Legal Risks, and Case Law

Agenda / Content Covered

1. Key Laws to Know
   11:00 - 11:30, Ralph R. Smith III
   1. Anti-Discrimination and Anti-Retaliation Laws
   2. Off-Hours Social Media Conduct: What You Need to Know
   3. Accessing Employees' Personal Social Media Accounts: Extents/Limitations
   4. Relevant Case Law
2. Using Social Media in the Recruiting and Hiring Processes: Legal Essentials
   11:30 - 12:00, Ralph R. Smith III
3. Creating and Updating Social Media Policies
   12:00 - 12:30, Ralph R. Smith III
   1. Topics That Should Be Included
   2. Protecting Company Information: Legal Best Practices
   3. Best Practices for BYOD Policies
   4. Outlining Permitted Work Use and Limitations
   5. Best Practices for Creating and Updating Remote Work Policies
4. Privacy in the Workplace: Top Challenges and Best Practices
   12:45 - 1:15, Casey S. Erick
5. Disciplining and Terminating Employees for Social Media Use: Do's and Don'ts
   1:15 - 1:45, Casey S. Erick
6. Social Media in Employment Litigation: Essential Strategies
   1:45 - 2:15, Michael J. Progar
   1. Tips for Minimizing Employer Liability
   2. What to Look for and How to Find It
   3. Subpoenaing a Site for Relevant Records
   4. Admissibility of Evidence: Discovery Considerations, Authentication, etc.

Accreditation Details:

Casey S. Erick is a shareholder with Cowles & Thompson, P.C., and focuses on commercial litigation and employment law. He has represented clients in both litigation and transactional matters that span across commercial law, labor and employment, real estate, consumer protection, and general litigation including, but not limited to breach of contract, corporate trade secret theft, tortious interference, defamation, personal injury, fraud, and various other kinds of civil litigation. He is a member of the State Bar of Texas and Dallas Bar Association. Mr. Erick earned his B.A. degree, cum laude, from the University of Mississippi and his J.D. degree from Baylor School of Law.

Michael J. Progar is a partner and founding member of Doherty & Progar LLC, with more than 40 years of experience in representing the interests of insurance companies, small businesses, and nonprofit organizations. As lead counsel, he has tried more than 50 jury trials to verdict. Mr. Progar practices primarily in the areas of personal injury, employment law, and insurance coverage. He is admitted to practice in the states of Wisconsin, Indiana, and Illinois. Mr. Progar earned his B.A degree from the University of Notre Dame and his J.D. degree from DePaul University College of Law.

Ralph R. Smith III is a shareholder and co-chair of the labor & employment group of Capehart & Scatchard, P.A. Mr. Smith focuses his practice in employment litigation and preventative employment practices, including counseling employers on the creation of employment policies, non-compete and trade secret agreements, and training employers to avoid employment-related litigation. He represents both companies and individuals in related complex commercial litigation before federal states courts and administrative agencies in labor and employment cases including race, gender, age, national origin, disability and workplace harassment and discrimination matters; wage-and-hour disputes; restrictive covenants; grievances; arbitrations; drug testing; and employment-related contract issues. Mr. Smith earned his B.A. degree, magna cum laude, from Temple University and his J.D. degree, cum laude, from Temple University School of Law.