Employment Law

Social Media Protection Act

Wisconsin’s new Social Media Protection Act is significant for employers. There have been several high-profile cases around the nation in the last several years that have challenged the practice of some employers to require that their employees provide them with password information that would allow the employer to access the employee’s private social media accounts, like Facebook. Facebook itself has spoken out against the practice.

Employee or Independent Contractor? Classify Workers Correctly!

If your business hires people to help with the work (whether office tasks or production of goods or services), then you need to properly classify the workers as employees or independent contractors.

Here is one important reason why classification matters: Generally, you must withhold income taxes and withhold and pay Social Security and Medicare taxes and unemployment tax on wages paid to employees. You generally do not have to withhold or pay taxes on payments to independent contractors for the work they do for you.

Social Media Policies and the Successful Business

A business’s success strategy should include ways to protect its confidential, proprietary and trade secret information from its competitors. One way to guard such information is to establish policies that limit what the company’s employees may communicate to others. Recently, however, the National Labor Relations Board’s Acting General Counsel (AGC) has taken aim against numerous so-called social media policies. The AGC has determined that many such policies run afoul of the National Labor Relations Act (NLRA).

The NLRA grants employees the right to engage in protected, concerted activities for “mutual aid or protection” and freedom of association. These rights apply whether or not the workplace is unionized. An employer’s interference with such rights may constitute an unfair labor practice.

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