In the ever-evolving social media landscape, employers now have a new area of concern: Vine, a video-sharing app introduced by Twitter.  On May 21, 2013, the American Bar Association Journal published an article alerting employers to this new outlet for employee expression and the potential issues employers are facing as a result.  ABA Journal Article .  In particular, in addition to posting pictures and comments onto a medium like Facebook, employees can post videos from their smartphones, including content related to their employment.

While case law and the federal agencies may not have caught-up with this latest form of social media, with respect to Vine, employers should expect that the National Labor Relations Board will adopt a position similar to its current stance on employee Facebook postings.   In addition, employers should consider whether their existing social media, smartphone, and/or prohibited conduct policies cover this latest form of employee activity.