Should an employer have a written social media policy?
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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
Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more
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
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
The scope of an employer’s right to discipline and terminate an employee for indiscreet or inappropriate remarks in social media is far from settled. Given that an employee’s social media activities have the potential to “go...more
Employers that have or are considering instituting social media or civility policies may want to pay attention to two National Labor Relations Board (NLRB; the Board) decisions issued in September 2012....more
On September 28, 2012, the National Labor Relations Board (“NLRB”) issued its first decision involving an employee fired because of a Facebook post. In this decision, the NLRB sided with the employer and held that the...more
As a powerful tool to reach a wide audience and a vehicle for users to reveal otherwise private information, social media creates fertile ground for litigation, particularly in the employment and labor context. In the first...more
The National Labor Relations Board (NLRB) recently issued its first decision regarding an employee’s termination due to posts on Facebook. The decision, a mixed bag for employers, demonstrates—again—the NLRB’s increasing...more
On November 8, 2011, we reported that a National Labor Relations Board Administrative Law Judge issued an interesting decision involving an employee who was discharged for posts he made on his Facebook page....more
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
The NLRB has received a lot of attention for its actions the last couple years. One of the storms was caused by the agency’s attention to employer actions based on employee Facebook postings. More to the point, employers were...more
The National Labor Relations Board’s most recent decision demonstrates that not all employee social media posts are protected by the National Labor Relations Act. Questions remain, however, about the extent to which employees...more
By now most of us have learned about the decision issued last Friday, September 28, by the National Labor Relations Board (NLRB or Board) in Karl Knauz Motors, Inc. d/b/a Knauz BMW, the Board’s first true foray into a...more
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
Executive Summary: In its first published decision involving employee Facebook access, the National Labor Relations Board has upheld the termination of an employee whose Facebook posts mocked an accident on his employer's...more
I’ll admit something that might seem a little unusual and ironic: I’ve grown a bit tired about writing about the NLRB and social media.
Perhaps, it’s because I’ve seen too many law firms and lawyers issuing...more
UPDATE: A year ago we posted the alert reproduced below discussing a decision by an NLRB Administrative Law Judge (ALJ) in a case involving a termination which was based on the former employee's Facebook postings. The...more
By all accounts, 2011 was a busy year for the National Labor Relations Board (“Board”). In 2011, the Board saw a 17 percent increase in filings as compared to the prior year, which included both unfair labor practice charges...more
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