Jottings By An Employer's Lawyer

Wednesday, July 06, 2005

Legal Guide for Bloggers - The Labor Law FAQ

The EFF has received a lot of attention its Legal Guide for Bloggers. Today it released its Bloggers' FAQ: Labor Law. It's pretty far ranging and includes some topics that have not appeared in many of the online discussions about the legality of blogging at work, including the possible protection of the NLRA if the blogger is engaged for "mutual aid or protection" with other employees. Other somewhat novel thoughts are the protection possibly afforded by laws in some states which prohibit employers from taking action against employees' for legal activities away from the work place. Originally, such laws were supported by the tobacco companies to protect smokers, but obviously can be put to other uses.

The FAQ obviously has a pro-blogging slant and so presses the limits with some of its views. Given the speed that information circulates the blogosphere, employers should probably be alert to a new group of employees being educated about rights that are not part of the regular discourse.

Hat tip to beSpacific for the latest addition to the EFF Guide to Blogging.

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