News & Analysis as of

Costco Social Media Policy

Supreme Court Opinion Calls into Question Hundreds of NLRB Rulings

On Thursday, June 26, 2014, the Supreme Court issued its long-awaited Noel Canning decision (NLRB v. Noel Canning, 572 U.S. ____ (2014)), and invalidated President Obama’s January 2012 appointments of three individuals to the...more

Social Media Policies And The NLRB: What Employers Need To Know

by Fenwick & West LLP on

Social media policies. Chances are your company has one, is in the process of drafting one, or is worried about not having one. Employees continue to gripe about their jobs and their bosses on Facebook, as states like...more

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more

Dynamic Year Expected in Labor and Employment Law

by Littler on

President Obama's re-election, a newly active NLRB, and important decisions pending before the Supreme Court promise to make 2013 an interesting year in labor and employment law – domestically and internationally. Here is a...more

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

by Fisher Phillips on

The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more

Labor Pains for Employers: NLRB Delivers Twin Employee-Friendly Decisions on Employer Social Media Policies

by Holland & Knight LLP on

The National Labor Relations Board recently issued two rulings on employer social media policies that can be construed as favorable to employees. As a result, it is recommended that employers take the time to specifically...more

NLRB Tackles Social Media Policies and a Firing Related to a Facebook Posting

by Carlton Fields on

This article addresses two recent National Labor Relations Board decisions. The first found the electronic posting rules of Costco Wholesale Corp. overly broad. The second found a “courtesy rule” of car dealership Karl Knauz...more

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

by Fisher Phillips on

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

Corporate Social Media Policies Should Comply With Recent NLRB Decision

The National Labor Relations Board (NLRB) recently issued a decision with significant impact upon employer policies that apply to employee use of social media. [Costco Wholesale Corporation, 358 NLRB No. 106 (Sept. 7,...more

First NLRB Decisions on Social Media Give Employers Cause to Update Policies, Practices

The National Labor Relations Board (“NLRB”) recently issued its first two rulings on employer social media policies and its first ruling on an employee’s termination due to posts on Facebook. These rulings are significant for...more

Social Media Policies in the NLRB's Crosshairs

by Littler on

Between the summer of 2011 and the spring of 2012, the Acting General Counsel of the National Labor Relations Board (NLRB), Lafe Solomon, published three Advice Memos that expressed his views on the application of the...more

NLRB Finds That Employer Lawfully Fired Employee Over Facebook Posts, But Its Courtesy Policy Violated The NLRA

by Franczek Radelet P.C. on

On October 1, 2012, the National Labor Relations Board (NLRB) issued another decision addressing the intersection between the National Labor Relations Act (the Act), social media, and handbook policies prohibiting...more

NLRB Strikes Down Employee Handbook Language and Issues First Social Media Decision

by Morgan Lewis on

Continuing its aggressive foray into nonunion workplaces, the NLRB has weighed in on social media and employee handbook issues, finding certain language to be unlawful under Section 8(a)(1) of the National Labor Relations...more

NLRB Strikes Down Part of Costco’s Social Media Policy

by Foley & Lardner LLP on

On September 7, 2012, in a decision that is likely to have wide-ranging implications for companies’ social media policies, the NLRB issued a decision finding that Costco’s policy prohibiting defamatory statements about the...more

Social Media Policies under Attack by the NLRB

In its first-ever decision on an employer's social media policy, the National Labor Relations Board (NLRB) has found Costco Wholesale Corp.'s policy to be overly broad and unenforceable in the case Costco Wholesale...more

Employment and Labor Law Alert: NLRB Strikes Down Many Common Employment and Social Media Policies.

by Stinson Leonard Street on

On Tuesday, just weeks after the National Labor Relations Board issued its first decision on an employer's social media policy in Costco Wholesale Corp., an administrative law judge joined in the Board's efforts to scrutinize...more

Revise Your Social Media Policy If It Says This

by Collins & Lacy, P.C. on

If you have a provision similar to the one below in any of your employee agreements, handbooks, etc. or are considering including one, make sure you read the rest of this article....more

NLRB Clubs Costco Social Media Policy

A panel of the National Labor Relations Board has found that electronic posting rules issued by Costco Wholesale Corporation violated the National Labor Relations Act. The Board panel largely followed guidance issued...more

The NLRB Finds That Social Media Policy Violates The National Labor Relations Act

In its first ruling on an employer’s social media policy, the National Labor Relations Board found that Costco Wholesale Corporation’s social media policy in its employee handbook violated the National Labor Relations Act....more

NLRB to Costco: Your Social Media Policy Needs a Do-Over

There is no denying that the NLRB has recently devoted significant attention to employee’s use of social media. Since August 2011, the Board’s Acting General Counsel, Lafe Solomon, issued three reports outlining his view of...more

The NLRB Knocks Costco's Rule Regarding Employees' Use of Social Media Down to Size!.

by Stinson Leonard Street on

The National Labor Relations Board agrees with the Agency's General Counsel—blanket rules and policies that prohibit employees from making online statements that are "damaging" to their employer violate the National Labor...more

NLRB Strikes Down Overbroad Rules, Nixes Social Media Policy

by Miller & Martin PLLC on

A recent decision from the NLRB illustrates the importance of carefully reviewing your work rules and policies to assure that the mere maintenance of a rule does not end up being an unfair labor practice. In Costco Wholesale...more

NLRB Mandates Wholesale Changes to Costco's Social Media Policy

There is no denying that the NLRB has recently devoted significant attention to employee’s use of social media. Since August 2011, the Board's Acting General Counsel, Lafe Solomon, issued three reports outlining his view of...more

NLRB Publishes First Social Media Decision; Applies Prior GC Memos

by Ballard Spahr LLP on

Employee use of social media – and employer regulation of that use – continues to draw a virtually unprecedented level of attention at the National Labor Relations Board. The Board's Acting General Counsel issued three...more

NLRB Weighs In On Social Media Policies

by Miller Canfield on

Over the past couple of years, the National Labor Relations Board’s Acting General Counsel has placed heightened emphasis on the application of the National Labor Relations Act (NLRA) to social media. Most of this emphasis...more

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