Protections for Workers' Online Recreational Activities

Unless you've been hiding under a rock, you've heard the story about Anthony Ciolli, a Penn law student who was once "Chief Education Director" for the controversial message board site, AutoAdmit.  Edwards Angell Palmer & Dodge withdrew its job offer to Ciolli after the firm discovered that Ciolli was involved in the AutoAdmit controversy.  There have been other widely-publicized stories about employers that fire employees for online activities. 

In most states, nothing prevents employers from disciplining or firing employees for such activities.  But according to this informative Law.com article by Harry Valetk, some states have crafted broad legislative protections for employees' legal off-the-clock activities.  In fact, California Labor Code Section 96(k) states that the California labor commissioner can bring claims on behalf of employees who lose wages as a result of "demotion, suspension, or discharge from employment for lawful conduct occurring during nonworking hours away from the employer's premises."   New York and North Dakota also have statutes that protect employees from being disciplined for engaging in lawful activities during nonworking hours.  If you don't work in a state that protects employees' off-the-clock activities, consider taking a look at the Electronic Frontier Foundation's Legal Guide for Bloggers for tips on how to blog without jeopardizing your career.