Employment Law Update: What is the Impact of the Supreme Court’s “TikTok” Ruling on Employers?
Date: January 22, 2025
Over the weekend TikTok went dark for about 12 hours and is now operating again but cannot be downloaded or updated. Many are now downloading and using a similar app, RedNote, which is owned by a Chinese privately held company.
Employers have the right to ban social media platforms like TikTok and RedNote on company-owned devices. Employers generally have the right to control and monitor the use of company-owned devices and networks, and to restrict or prohibit access to certain apps or websites that may pose a threat to their security, confidentiality, or performance. Common reasons for an employer ban of an app like TikTok on employer devices include data privacy concerns about user data being collected and transferred to a foreign government, cybersecurity risks related to the potential for malware or phishing attacks through the app, and productivity issues from distraction from work tasks due to the app's engaging nature.
Employers should review company policies to determine whether their policies support a ban and, if not, consider implementing an appropriate policy. In creating such a policy, employers should consider:
- Company property: Employers have broad authority to control what applications are allowed on company-issued devices, including smartphones and laptops, to ensure productivity and data security.
- Work-related usage: Companies can justify a TikTok ban by arguing that the app can be distracting and interfere with work duties, even if used during personal time on company devices.
- Employee privacy concerns: While companies can generally ban TikTok on company devices, questions remain about restrictions on personal devices used for work based on employee privacy. Depending on TikTok’s response to the new Supreme Court ruling, employers have options. If TikTok refuses to divest, it is likely that employers can prohibit the use of private devices pursuant to the nationwide ban. If divested, employers can use general policies to address distractions as discussed in work-related usage above.
- Policy communication: Clear and well-communicated company policy regarding device usage, including social media access, is crucial to avoid confusion and potential legal issues.
Whiteford will continue to monitor the issue and the expected legal challenges. If you have questions, contact Whiteford’s Labor and Employment team.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.