Michael Schmidt, a member of Cozen O'Connor's Labor & Employment department, discusses this issue on Bloomberg BNA. Employers need to be careful about regulating their employees’ off-duty conduct because some states, including New York, restrict employers’ actions based on workers’ lawful off-duty conduct, said Michael. But the “heightened sensitivity” to potential harassment means employers must pay more attention to their employees’ online activity, Michael told Bloomberg BNA. Employers should at least investigate if they learn about social media posts that might be harassing to co-workers, he said.

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