Social Media and the Workplace: Free Speech Meets Employment Law

Social Media and the Workplace: Free Speech Meets Employment Law

Author: Legal Talk Network July 16, 2026 Duration: 47:40
Social media is everywhere today. Ever wonder how the role social media plays into the employer/employee relationship? In this episode, guests Aaron Holt and SaNni M-K Lemonidis, both experienced labor and employment attorneys, join host Matt Greer for a deep dive into the murky waters of who said what where and to whom. Can employers regulate what an employee says on a social media channel – say Facebook or X? It depends. The “manner and method” of our free speech outside of work still matters. It’s about content and context. Harassment and discrimination matter still matter. Try the “water cooler principle,” if  a comment was made on social media, ask if the same comment was made at work around the water cooler, would the boss feel obligated to act. If the answer is yes, then action is likely required. This is a fascinating field, nuanced and sometimes dependent on the size of a company and capacity for control as well, as the company’s own use of social media in outreach and marketing. The laws, and EEOC guidance, haven’t changed. But the environment we live and work in has. Basic principles still apply. For employees, be nice to each other. For employers, do your best to ensure no one is being harassed or bullied. If someone says there’s a problem, employers can protect themselves by investigating complaints and developing and adhering to consistent policies. REFERENCES MENTIONED:  Title VII of the Civil Rights Act of 1964 NLRB v. Pier Sixty, Justia Law Equal Employment Opportunity Commission  Okonowsky v. Garland, Justia Law  Connick v. Myers, Justia Law  The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC ABA Labor and Employment Law Section

Hosted by the Legal Talk Network, ABA Labor and Employment Law Podcast digs into the complex human and legal stories behind today's workplace headlines. Each episode moves beyond soundbites by bringing together guests who hold opposing viewpoints on a current labor or employment issue, fostering a genuine dialogue that respects both sides of the negotiating table. This approach creates a space where nuanced arguments can unfold, allowing you to hear the rationale and concerns that shape real-world policies and disputes. Whether it's a debate on remote work regulations, unionization efforts, or shifting discrimination statutes, the conversation is designed to challenge assumptions and deepen understanding. By consistently presenting balanced perspectives, this podcast serves as an invaluable resource for professionals needing to stay informed, as well as for anyone curious about the forces shaping their own work environment. Tune in for a clear-eyed examination of the rules that govern our jobs and the people who debate them.
Author: Language: English Episodes: 14

ABA Labor and Employment Law Podcast
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