Labor & Employment Law

Teleconference On Using Facebook, MySpace, and Other Websites to Scope Out New Hires

I would like to thank everyone who participated in the BLR teleconference this morning.  It was a pleasure speaking to everyone. 

Due to the great interest in this topic, we will be conducting the seminar again on at least one one occasion, maybe two.  We will also provide a seminar specifically addressing liability under California state law when using social networking sites and the Internet in conducting background checks.  Please check back within the next week or two for the dates on these teleconferences, or send me an email and I can notify you when we finalize the dates.

To download today's PowerPoint slides, click here. 

Also, I've had a lot of requests to repeat the five general guidelines employers should keep in mind to avoid liability when conducting background checks on applicants on the Internet.  Under Federal law, employers may utilize social networking sites to conduct background checks on employees if:

1. The employer and/or its agents conduct the background check themselves (i.e., does not use a third party to conduct the search);
2. The site is readily accessible to the public;
3. The employer does not need to create a false alias to access the site;
   
4. The employer does not have to provide any false information to gain access to the site; and
5. The employer does not use the information learned from the site in a discriminatory manner or as otherwise prohibited by law.

Full post as published by California Labor & Employment Defense Blog on February 26, 2008 (boomark / email).