SourcingJul 06, 2026
Gemfields CEO Sean Gilbertson Steps DownAfter eight years, Gilbertson is leaving his post at the mining company, which is currently facing a slew of operational challenges.
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
IndependentsJul 06, 2026
Bachendorf’s To Open Fifth Store In DallasThe new location is set to open this winter, featuring the retailer’s first rotating jewelry designer residency.
MajorsJul 06, 2026
Graff Names BTS Star Jung Kook as New AmbassadorThe pop artist appears in the latest campaign for the “Laurence Graff Signature” collection.
Brought to you by
Wedding Band Trends 2026: Personalization Takes Center StageColored gemstones, artisan finishes, mixed metals, and meaningful details are shaping demand in bridal jewelry.
CollectionsJul 06, 2026
Pandora’s New Baroque Pearl Collection Is a Whimsical ‘Wonder’One-of-a-kind pearls take the shape of ice cream cones, frogs, submarines, and other imaginative charms.
Weekly QuizJul 01, 2026
This Week’s QuizTest your jewelry news knowledge by answering these questions.
SourcingJul 02, 2026
London Diamond Bourse Elects First Female PresidentCharlotte Rose said her election is “a sign that this is an industry capable of change.”
Supplier BulletinJul 02, 2026
Elevating Retail Showcases with Today's Necklace & Bracelet TrendsSponsored by Rio Grande Jewelry Supply
Brought to you by
Building the Future of Jewelry Retail: DCA Expands Education, Leadership Development, and Workforce SolutionsDCA is preparing the next generation of professionals by supporting workforce development, leadership growth, and career advancement.
TrendsJul 02, 2026
Oscar Heyman’s Flag Brooch Celebrates AmericaThe American jewelry house, founded by Latvian immigrants, has been creating American flag brooches since 1917.
IndependentsJul 02, 2026
D. Geller & Son Partners with KSU Art Students on Store MuralThe artwork celebrates the Atlanta jeweler’s legacy and symbolizes its commitment to supporting local artists and its community.
Events & AwardsJul 02, 2026
Stratus Estate Buyers Offers Jewelers Turnkey Buying EventsIts team can evaluate jewelry and watches, as well as luxury handbags, artwork, and collectibles.
SurveysJul 01, 2026
Consumer Confidence Ticks Up in JuneFalling oil prices were a factor in the slight month-over-month improvement.
CollectionsJul 01, 2026
Rio Grande Launches First Finished Bridal CollectionThe new offering comprises more than 120 bridal and engagement ring styles with natural and lab-grown diamonds.
WatchesJul 01, 2026
Rolex Unveils Clock at Rockefeller CenterThe clock is part of the celebration for the soon-to-open Rolex headquarters on New York City’s Fifth Avenue.
IndependentsJul 01, 2026
Kristen Cannon of Valobra Master Jewelers Dies at 49The public relations professional is remembered for her benevolent generosity and unwavering commitment to those around her.
WatchesJun 30, 2026
Pokémon Fans Will Want to Catch This New G-Shock WatchThe new watch commemorates Pokémon’s 30th anniversary.
MajorsJun 30, 2026
Saks Global Emerges From Bankruptcy With New NameThe luxury retailer is now called Exemplar Luxury Group.
CollectionsJun 30, 2026
Jade Ruzzo’s New Collection Embodies the Art of Being a LadyThe “Lady” collection is a new take on old beauty standards with gemstone-adorned hair pins and combs, a compact mirror necklace, and more.
SourcingJun 30, 2026
Blue Nile Introduces Montana Sapphire CollectionThe new line is included in the e-tailer’s curation of jewelry celebrating America’s 250th anniversary.
GradingJun 30, 2026
AGS Opens 2026 Recertification ExamAll active members who earned their credential or designation before Dec. 1, 2025, are required to recertify.
CollectionsJun 29, 2026
Briony Raymond’s New Collection Is a ‘Carousel’ of Hard StonesThe new jewelry collection uses a colorful palette of onyx, malachite, tiger’s eye, mother-of-pearl, lapis, turquoise, and coral.
IndependentsJun 29, 2026
Look Inside Lee Michaels’ Revamped Mississippi FlagshipLee Michaels Fine Jewelry is celebrating 30 years in the Ridgeland, Mississippi community.
GradingJun 29, 2026
National Rarities Announces New Gemology ManagerSean Milliner has joined the company.
GradingJun 29, 2026
GIA to Open New London CampusClasses will begin in August at GIA’s new Canary Wharf location.
AuctionsJun 26, 2026
‘Hogback’ Diamond Ring Finds a New Home A ring set with “hogback” diamonds, an early stone cut dating to around the 16th century, sold for more than $20,000 at a U.K. auction.
CollectionsJun 26, 2026
Strength Is Sharpened Into Beauty in Kris Averi’s ‘Prism Thorn’ RingThe rainbow version of the ring, our Piece of the Week, features angel-cut, octahedral lab-grown sapphires designed to be worn as armor.
MajorsJun 26, 2026
Rembrandt Charms Debuts ‘Charms That Give Back’The new initiative donates a portion of the proceeds from select charms to charitable causes.
