Recruitment

Posting Holiday Party Photos on Social Media? Make Sure Employees Consent

By Jon Hyman

Nov. 20, 2014

Are you having a holiday party for your company? Are you planning on sharing the cheer by posting photos of said party on your corporate Facebook page or other social media? If so, don’t forget to have your employees sign authorizations before you post those photos.

Many states have statutes that protect an individual’s name, voice, signature, photograph, image, or likeness. This “right of publicity” prohibits one from using another’s persona for a commercial purpose without written consent.

It may be sufficient to have a statement in your employee handbook advising employees that, from time to time, the company may post pictures of employees on the company’s website, Facebook page, etc., and employees who wish to opt out should advise HR in writing. The overly cautious employer, though, will want this to be an opt-in process, with employees providing specific written consent for the use of their likeness in photos.

Regardless, employers should do something to ensure that they are not infringing on employees’ right of publicity with photos of employer-sponsored events. Otherwise, your holiday lump of coal might come in the form of a lawsuit by a shy, and overly litigious, employee.

Jon Hyman is a partner in the Employment & Labor practice at Wickens Herzer Panza. Contact Hyman at JHyman@Wickenslaw.com.

About Workforce.com

blog workforce

We build robust scheduling & attendance software for businesses with 500+ frontline workers. With custom BI reporting and demand-driven scheduling, we help our customers reduce labor spend and increase profitability across their business. It's as simple as that.

Book a call
See the software

Related Articles

workforce blog

Recruitment

Slow rehiring of child care workers may stymie employers’ return to workplace plans

For parents of young children, a full return to the workforce means having to find quality, affordable ...

child care, compensation, COVID-19, employee engagement, hiring, human resources

workforce blog

Recruitment

Jushi Holdings builds its workforce in the cannabis industry despite pandemic

A broad assortment of talent is finding a new home at Jushi Holdings and in a cannabis industry burning...

cannabis industry, hiring, Jushi Holdings Inc., pandemic, Safety, training

workforce blog

Recruitment

Regulating recruiting amid constant technological innovations

As the competition for talent rages, complex recruiting systems using AI face compliance questions of t...

artificial intelligence, bias, business ethics, data privacy, HR Tech, talent acquisition, tech ethics