With over 170 million American users, TikTok has become one of the most influential social media platforms of our time. However, its rapid rise has ignited a heated debate, as lawmakers and government officials express growing concerns over potential security risks. Owned by the Chinese parent company ByteDance, TikTok has faced scrutiny due to its Chinese ownership. Many fear that the Chinese government could use the app to access users personal data for spying or other harmful security risks. The initial controversy surrounding TikTok began in 2020 when President Trump tried to ban the app via executive order in his first term. In response, TikTok partnered with Oracle, a U.S. tech company, to help manage and protect American users data. Even though Oracle helped secure the data, ByteDance remained the apps owner, and the government’s criticism of TikTok continued. In 2023, the Biden administration took further action by banning the app from all federal devices. Later that year, Montana became the first state to attempt a ban, but a federal judge proceeded to strike down the law. In 2024, the House of Representatives passed a law, signed by President Biden, requiring ByteDance to sell its U.S. operations by January 19 or face a nationwide ban. ByteDance proceeded to challenge this law. Now, the Supreme Court will hear arguments surrounding the ban this Friday, January 17. Justices are now considering whether the government has the legal authority to ban TikTok and whether doing so would violate the First Amendment right to free speech. While some argue that the ban is necessary for national security, others claim it would limit Americans access to a widely-used social media platform, restricting their freedom of expression. If the Court rules in favor of the law, the government could enforce a nationwide ban, removing the app from app stores and potentially blocking it for U.S. users. On the other hand, if the Court rules in favor of TikTok, it could block the ban, allowing the app to continue operating freely in the U.S. The ongoing legal battle surrounding TikTok raises important implications for employers and businesses, particularly as they navigate the evolving landscape of national security and data privacy. As the Supreme Court prepares to rule on whether the government can enforce a nationwide TikTok ban, businesses must be proactive in assessing the potential impact on their operations. The outcome of this case could revolutionize how employers manage digital platforms, protect employee data, and deal with future rules about online apps and security. Preparing for the Ban: What Employers Need to Know As the potential ban looms, employers should take steps to prepare for the changes it could bring.
Save Content and Data: Companies should back up any important data shared or stored on TikTok, such as marketing materials or customer interactions, on secure platforms. Losing access to the app could mean losing valuable content, so having it stored safely is essential. Update Employee Work Policies: Employers should update their workplace policies to restrict or prohibit employees from using TikTok for work-related activities if the government enforces the ban. This could include updating social media guidelines, ensuring employees are aware of the new rules, and offering guidance on how to use alternative tools for communication and marketing. Seek Out Other Social Media Platforms: It’s crucial for businesses to explore alternative social media platforms to replace TikTok for marketing, advertising, and employee engagement. Platforms like Instagram, YouTube, or newer social apps could fill the gap, and employers should begin testing these options ahead of time to ensure a smooth transition.
What’s in store for the U.S. Employees at TikTok? Despite the imminent court decision, TikTok has stated that it plans to retain its U.S. workforce, even if the ban goes into effect. With over 7,000 employees across the country, the company emphasizes its commitment to keeping those jobs secure even if the issue remains unresolved by the January 19 deadline. However, the future of these positions could depend on the outcome of the legal battles, including whether the app negotiates to sell its U.S. operations. What about TikTok content creators? If the Supreme Court upholds the ban, more than 100,000 independent workers who depend on TikTok for full-time or part-time income could face serious economic consequences. Independent workers face different challenges than regular employees. People who mainly work as independent contractors often don’t have access to the benefits and protections that come with traditional jobs, like health insurance or paid time off. For TikTok creators, this could mean losing a primary source of income without the safety net that full-time employees typically have. Many of these creators rely on sponsorships, brand deals, and ad revenue from the platform, and without TikTok, they may struggle to find similar opportunities elsewhere. However, this situation can also be an opportunity for creators to diversify their revenue streams. By expanding into other platforms, building their own websites, or launching products, creators can reduce their dependence on one platform and create more financial stability in the long run. Contact Us Today! As businesses and employees navigate the evolving landscape of social media, data privacy, and potential regulations like the TikTok ban, it’s important to stay informed and prepared. Our employment law attorneys at Working Solutions law firm in New York City, Livingston, New Jersey, and Boston, Massachusetts are here to help. Contact us today at (646) 430-7930 for a free case evaluation. Our experienced legal counsel can help you safeguard your business and your rights in a rapidly changing digital world.
