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Employee Rights Social Media Employment Policies

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
FordHarrison

EntertainHR: Can Employers Do That? The Limits of Free Speech

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Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in...more

Ius Laboris

Can employers monitor their employees’ social media posts?

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Increasingly, employers are being made aware of employee misconduct that is evidenced by photos, videos or other social media posts. What are employers allowed to do when it comes to their employees' posts, what are the...more

Foley & Lardner LLP

NLRB Establishes New Work Rule Standard: Time to Revise Handbooks and Policies

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On August 2, 2023, the National Labor Relations Board (NLRB or “Board”) published an opinion regarding employer work rules. That opinion in the Stericycle and Teamsters Local 628 matter clarified that employer work rules that...more

FordHarrison

EntertainHR: Michigan’s Miscue—Is Your Company Ready for a Social Media Scandal?

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Only a few days after being hired by the University of Michigan’s football program as the assistant director of football recruiting, Glenn Schembechler (son of longtime Michigan head coach Bo Schembechler) resigned after his...more

Bradley Arant Boult Cummings LLP

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It

Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace....more

FordHarrison

The First Amendment: Where it is Implicated, and Where it is Not

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Executive Summary: In the wake of the January 6, 2021, unrest at the United States Capitol Building and several social media outlets suspending President Trump’s accounts, free speech is a hot topic. Although the right to...more

Fisher Phillips

A Dealership’s Guide To Social Media, Free Speech, And The Election

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You just learned that one of your employees expressed their opinion about the election on social media. Their unfiltered post includes slurs, and it is inflammatory at best. Had they made these same comments while at work,...more

Constangy, Brooks, Smith & Prophete, LLP

Politics in the workplace: A volatile combination!

On the eve of Election Day, what can employers do to keep their workplaces from exploding? What workplace speech is protected by the First Amendment or the National Labor Relations Act? When do political social media posts...more

Payne & Fears

[Webinar] Politics in the Workplace: Navigating Employee Discourse in Contentious Times - June 26th, 10:00 am - 11:00 am PDT

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While navigating political expression in the workplace has always been difficult, a number of evolving factors have amplified the challenges for both employers and employees. Please join us for a complimentary one-hour...more

Cohen & Gresser LLP

Can Employers get a Grip on Griping? Not all Gripes are Created Equal…

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Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace.  They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on...more

Seyfarth Shaw LLP

Raging Bull: Getting Beat Up On Glassdoor?

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Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and...more

Littler

Trendsetter or Outlier? Oregon Adds New Twist to Password Protection Laws

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Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more

Locke Lord LLP

[Event] What Employers Need to Know about Attracting, Managing and Separating from Their Employees - April 30, Houston, TX

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The Greater Houston Partnership will hold a continuing education series "What Employers Need to Know about Attracting, Managing and Separating from Their Employees: Current Legal Compliance and Talent Management Issues."...more

Akin Gump Strauss Hauer & Feld LLP

Best Practices in Social Media for Employers Part 2 – Monitoring Employees’ Social Media Use

In addition to the risks associated with employers’ use of social media as related to the recruiting and the hiring process, employers should also be aware of potential pitfalls associated with restricting or monitoring...more

Moore & Van Allen PLLC

Do Employees Have the Right to Access Social Media in the Workplace? Can Employers Block Social Media Websites?

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A Pew Foundation study earlier this year found that 87% of all adults in the United States access the Internet or email, either through computers or mobile devices. The same study found that of those adults, as many as 74%...more

Mintz - Employment, Labor & Benefits...

NLRB Continues Aggressive Crackdown on Social Media Policies

In the past few years the National Labor Relations Board (“NLRB”) has taken an increased interest in whether workplace policies prohibiting employees from discussing the terms and conditions of their employment on social...more

Proskauer - Labor Relations

NLRB Gets #SocialMedia: Board and ALJ Rulings Recap

‘April rulings bring May muddling’ might be a better way to tweet recent social media decisions at the National Labor Relations Board (NLRB) given the Board’s ruling in Durham School Services (April 25, 2014) and an...more

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