The Federal Trade Commission recently enacted new guidelines for employers, which opens the door for employer liability for the online comments and/or activities of employees. The FTC’s “Guides Concerning the Use of Endorsements and Testimonials in Advertising” subjects employers to potential liability for employees’ use of social media sites to post comments about company products and services, even if the employer did not authorize and/or direct the employee to post such comments.
What does this mean? Employers could face enforcement proceedings and potential consumer fraud claims for comments posted about company products or services on blogs, LinkedIn, Twitter, MySpace and Facebook even during non-working hours. For example, your company sells “widgets” and one of your employees submits an online post about the widget’s uses and benefits without revealing he/she is an employee of the company, whereby enticing another individual to purchase the product or service in reliance upon the comment. The company may be liable if another individual can establish he/she was enticed to purchase the product and the product was defective or did not perform as “advertised” by the company’s employee.
Employers are urged to update or create a social networking policy to address these recent guidelines.
The Occupational Safety & Health Administration (“OSHA”) recently announced that employers may mandate employees take H1N1 and other seasonal vaccines. This interpretation letter was recently posted on the agency’s website in response to a constituent’s letter forwarded to the agency by Congresswoman Marcy Kaptur (D-Ohio) inquiring whether an employer could mandate she and her co-workers accept a flu shot.
While the issue has stirred great debate in the employment environment and despite having regulations allowing such activities, OSHA declared an employer is within its authority to require employees take vaccines.
OSHA did, however, caution that an employee who refuses to receive the vaccines because of a reasonable belief that he or she has a medical condition that creates a real danger of serious illness or death may be protected from job retaliation under Section 11 (c) of the Occupational Safety and Health Act, which prohibits discrimination and retaliation for engaging in protected activity.
Employers should proceed with caution prior to implementing mandatory vaccination policies as other laws and regulations may be applicable.