AuctionsDec 18, 2025
Audemars Piguet Reclaims Historic Pocket Watch at AuctionIt purchased the “Grosse Pièce,” an ultra-complicated Audemars Piguet pocket watch from the ‘20s, for a record-breaking price at Sotheby’s.
EditorsAug 28, 2012
Saving legal Face
I feel the need to confess something right here and now. I personally don’t like Facebook. I just can’t delude myself into thinking that anybody actually cares what brand of syrup I bought at the store this morning (yes, this...
I feel the need to confess something right here and now. I personally don’t like Facebook.
I am certainly not the first person to publicly confess to this. At the Gemological Institute of America’s 2011 Symposium in San Diego, New York University professor Scott Galloway admitted that he didn’t like Facebook either. But he also made this point: whether or not you like it is not the issue.
The fact is Facebook is here, ostensibly to stay, and it is a place where millions of people are interacting every day. As a business owner you need to be part of the conversation. You also need to be aware that your employees are likely part of this ongoing online conversation too, and there are limits to the limits you can place on their freedom of speech.
Recently, a case arose in Mississippi where a police officer sued the city, mayor and police chief after she was fired for posting a Facebook update insinuating that she disagreed with the police department’s decision not to send a representative to the funeral of a police officer from a neighboring town.
The case caught my attention because questions surrounding the legality of Facebook, and social networking in general, are ones that employers need to have answered going forward.
New York attorney Alix Rubin, who specializes in employment law and whose husband works for an independent jeweler in New Jersey, said that the laws that protect the police officer in the Mississippi case, a public employee, don’t apply to private employees.
“Everybody has a right to free speech,” she says. “But not everybody has a right to free speech in the workplace.”
Like all private employers, retail jewelers can restrict what their employees post on social networking sites while they are at work, to an extent.
Rubin says employers can prevent
their employees from posting information or images that are violation of the store’s anti-harassment or anti-discrimination policy (provided the store has one, which it should), trade secrets or personal views that are presented as though they were the store's view.
However, the National Labor Relations Board recently ruled that non-supervisory employees cannot be punished for discussing anything related to their working conditions, including treatment from their boss, their wages, other employees’ wages and their hours, on social networking sites while at work as long as it’s not during a time when they are supposed to be working, i.e., on their lunch break.
This applies, though, to only non-exempt employees; the NLRB has no jurisdiction over supervisory employees.
Rubin recommends that employers draft a social media policy. It shouldn’t be too general, keeping in mind that you cannot legally restrict certain employees from talking about their working conditions, and should be tied to the store’s (hopefully) existing anti-harassment or anti-discrimination policy.
“Social media policy is important to have so you have some control over what your employees do on social media but they shouldn’t be blanket statements,” she said. “You can, as an employer, restrict your employees from using racial or sexual slurs.”
For posts made outside of work, private employers actually do have some legal ground to stand on if an employee posts something harassing another employee and the situation seeps over into the workplace, or if an employee posts trade secrets or positions themselves falsely as a spokesperson of the store.
But, Rubin says, the bottom line is that employees need to get an attorney-reviewed policy in place beforehand, so employees can’t say they didn’t know. “Small business owners feel that they can’t afford it but what they need to realize is that it’s going to cost them more when they get into trouble,” she said.
However, the National Labor Relations Board recently ruled that non-supervisory employees cannot be punished for discussing anything related to their working conditions, including treatment from their boss, their wages, other employees’ wages and their hours, on social networking sites while at work as long as it’s not during a time when they are supposed to be working, i.e., on their lunch break.
This applies, though, to only non-exempt employees; the NLRB has no jurisdiction over supervisory employees.
Rubin recommends that employers draft a social media policy. It shouldn’t be too general, keeping in mind that you cannot legally restrict certain employees from talking about their working conditions, and should be tied to the store’s (hopefully) existing anti-harassment or anti-discrimination policy.
“Social media policy is important to have so you have some control over what your employees do on social media but they shouldn’t be blanket statements,” she said. “You can, as an employer, restrict your employees from using racial or sexual slurs.”
For posts made outside of work, private employers actually do have some legal ground to stand on if an employee posts something harassing another employee and the situation seeps over into the workplace, or if an employee posts trade secrets or positions themselves falsely as a spokesperson of the store.
But, Rubin says, the bottom line is that employees need to get an attorney-reviewed policy in place beforehand, so employees can’t say they didn’t know. “Small business owners feel that they can’t afford it but what they need to realize is that it’s going to cost them more when they get into trouble,” she said.
More on Editors
The Latest
Supplier BulletinDec 18, 2025
Cell Jammers Are Targeting Your Business. Here's How to Beat ThemSponsored by Digital Monitoring Products
WatchesDec 18, 2025
Bob’s Watches to Open Store in New York’s JFK AirportThe boutique is slated to open this week inside Terminal 8, offering pre-owned Rolex watches and more to international travelers.
Brought to you by
Impacting Tomorrow TodayHow Jewelers of America’s 20 Under 40 are leading to ensure a brighter future for the jewelry industry.
Lab-GrownDec 18, 2025
Kira Jewels Debuts Custom Lab-Grown Diamond Jewelry ServiceThe lab-grown diamond grower now offers custom engagement and fashion jewelry through its Kira Custom Lab Jewelry service.
Weekly QuizDec 18, 2025
This Week’s QuizTest your jewelry news knowledge by answering these questions.
CrimeDec 17, 2025
Man Pleads Not Guilty to Swallowing Fabergé PendantThe special-edition egg pendant ingested in a New Zealand jewelry store was recovered after a six-day wait.
CollectionsDec 17, 2025
Lucy Hale Stars in Jacquie Aiche’s Holiday CampaignThe “Love and Desire” campaign is inspired by the magic that follows when one’s heart leads the way, said the brand.
Brought to you by
Roseco Releases New Full-Line CatalogRoseco’s 704-page catalog showcases new lab-grown diamonds, findings, tools & more—available in print or interactive digital editions.
GradingDec 17, 2025
SSEF Announces 2025 Scholarship WinnersTwo awardees will receive free tuition for an educational course at the Swiss lab, with flights and lodging included.
MajorsDec 16, 2025
Pandora’s New CEO Will Step Up EarlyBerta de Pablos-Barbier will replace Alexander Lacik at the start of January, two months earlier than expected.
AuctionsDec 16, 2025
Suzanne Belperron, JAR Shine in Sotheby’s First Auctions at New HQSotheby’s held its first two jewelry sales at the Breuer building last week, and they totaled nearly $44 million.
Events & AwardsDec 16, 2025
TJS Now Accepting Scholarship Applications for 2026Winners will receive free registration and lodging for its fourth annual event in Detroit.
ColumnistsDec 16, 2025
Beyond Unboxing: Creative Reveals to Drive Reach and EngagementHere are six ideas for making more engaging content for Instagram Reels and TikTok, courtesy of Duvall O’Steen and Jen Cullen Williams.
Events & AwardsDec 16, 2025
Diamonds Do Good Names 2026 Award RecipientsThe honorees include a notable jewelry brand, an industry veteran, and an independent retailer.
CrimeDec 15, 2025
Men Receive Life Sentences in Home Invasion Murder of Jeweler Carlos Jose Hernandez and Joshua Zuazo were sentenced to life without the possibility of parole in the 2024 murder of Hussein “Sam” Murray.
Policies & IssuesDec 15, 2025
Sara Yood Named Co-Chair of RJC Standards CommitteeYood will serve alongside Eduard Stefanescu, the sustainability manager for C.Hafner, a precious metals refiner in Germany.
IndependentsDec 15, 2025
M.S. Rau to Open Store in AspenThe New Orleans jeweler is also hosting pop-up jewelry boutiques in New York City and Dallas.
AuctionsDec 12, 2025
13.54-Carat Paraíba Tourmaline Sets Records at Christie’sSet in a Tiffany & Co. necklace, it sold for $4.2 million, the highest price and price per carat paid for a Paraíba tourmaline at auction.
MajorsDec 12, 2025
David Webb Reveals Ice-Cold Holiday Window DisplayThe jeweler’s “Deep Freeze” display showcases its iconic jewelry designs frozen in a vintage icebox.
CollectionsDec 12, 2025
Piece of the Week: Oscar Heyman’s Sphene RingTake luxury gifting to new heights this holiday season with the jeweler’s showstopping 12-carat sphene ring.
Events & AwardsDec 12, 2025
IGI Jewelry Design Contest Now Accepting SubmissionsThis year's theme is “Unveiling the Depths of the Ocean.”
TrendsDec 11, 2025
Pinterest 2026 Trend Report: Brooches, Bold Gold, Cool BlueIn its annual report, Pinterest noted an increase in searches for brooches, heirloom jewelry, and ‘80s luxury.
GradingDec 11, 2025
GIA to Offer Origin Determination for 3 More GemstonesStarting Jan. 1, customers can request the service for opal, peridot, and demantoid garnet.
IndependentsDec 11, 2025
Look Inside Day’s Jewelers’ Ninth StoreThe 111-year-old retailer celebrated the opening of its new location in Salem, New Hampshire, which is its third store in the state.
MajorsDec 11, 2025
Americas Gold Releases New Gold Chain CatalogThe new catalog features its most popular chains as well as new styles.
AuctionsDec 10, 2025
Francis Ford Coppola’s Watch Sells for $10.8MThe filmmaker’s personal F.P. Journe “FFC” prototype was the star of Phillips’ recent record-setting watch auction in New York.
WatchesDec 10, 2025
There’s A New Rolex Boutique in MiamiThe new location in the Design District pays homage to Miami’s Art Deco heritage and its connection to the ocean.
