News & Analysis as of

Facebook Social Media Policy

Two Employees, Social Media, An Unlawful Policy ... What Could Possibly Go Wrong?

The advent of social media resulted in a feverish effort by the NLRB to keep up with new technology. In reality, the legal standard for evaluating whether conduct is protected concerted activity did not change. Rather, all...more

Digital Disruptions: Handling Social Media Misuse By Students And Educators

by Fisher Phillips on

Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

Social media-related dismissal held by an Employment Tribunal to be fair

by Dentons on

In Plant v. API Microelectronics Ltd, the Employment Tribunal (ET) has held that the dismissal of a long-serving employee was fair, after she had made derogatory comments over social media about her employer. This decision...more

4th Circuit sets a match to battalion chief's First Amendment claims

by McNair Law Firm, P.A. on

Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more

Works Councils and Social Media in Germany

by Littler on

Works councils in Germany have extensive "co-determination" rights—i.e., the right to participate in company management. Works councils serve as the representative body for employees in German workplaces. Once there are five...more

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit...more

Where Are Your Employees? (Hint: It May Not Be Facebook Anymore)

by Shipman & Goodwin LLP on

I recently gave a presentation on social media to a local non-profit and had the opportunity to review some of the latest statistics when it comes to the use of social media. Frankly, I knew that there has been a shift...more

Think Twice Before Tweeting up a Storm

by Robins Kaplan LLP on

One of the more memorable lines from 1989’s Steel Magnolias is “if you can’t say anything nice about anybody, come sit by me.” That sentiment— referred to as “schadenfreude” in German — is amplified on social media, and this...more

Policing Social Media Policies

by Sands Anderson PC on

Police officers in Petersburg had a First Amendment right to post to Facebook their complaints about their police department. A department policy limiting social media postings was unconstitutional. So held the U.S. Court...more

Firing Employees For Private Facebook Posts: Employers Should Proceed With Caution

The recent filing of a lawsuit by a former television anchor against her former employer has magnified the need for employers to have a sound and meaningful social media policy. Former Pittsburgh, Pennsylvania news anchor,...more

Asking Employees to Retweet an Employer's Tweet May Subject Employers to Fines in Illinois

by Faegre Baker Daniels on

Can employers ask employees to “like” an employer’s Facebook page or “retweet” tweets? According to the newly amended Right to Privacy in the Workplace Act (Act), Illinois employers may be subject to fines and found guilty of...more

Why after-hours social media posts can still spell on-the-job trouble

by McNees Wallace & Nurick LLC on

Many people think that only teenagers and twentysomethings are using Facebook, Twitter, Instagram, Snapchat, Pinterest, LinkedIn and Google Plus to interact with others. Not so....more

What’s Good for the Goose…

by Miles & Stockbridge P.C. on

Over the past few years, the National Labor Relations Board (NLRB) has taken issue with employers that discipline employees over Facebook and other social media postings. The NLRB allows employees to discuss wages and other...more

South Africa Newsletter - September 2016

by Dentons on

South Africa’s diverse economy, strategic role in Africa and political history create a unique business and regulatory environment. The Dentons South Africa Newsletter will help you keep abreast of issues that affect doing...more

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

by Littler on

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

Still At The Starting Line With Your Social Media Efforts?

by McManis Faulkner on

Can you imagine your firm without a website? What if your bio were not listed on the internet? Well, there was a time when law firms questioned whether they needed a website. And a marketing team was not even part of...more

With Your Social Media Policy, It’s “Live” and “Go” Time

by Shipman & Goodwin LLP on

Recently, I had the opportunity to revisit a social media policy I had reviewed several years ago. In doing so, I was reminded — once again — how quickly the tech world is changing and how policies need to continually adapt. ...more

Quirky Question #279: Concerted Activity in 140 Characters or Less

by Dorsey & Whitney LLP on

Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. ...more

The Importance Of Implementing An Employee Social Media Policy And Providing Training

by Allen Matkins on

As we previously have discussed, implementing an employee social media policy and providing employees training about the subject may help employers potentially avoid embarrassing public relations situations. A recent case,...more

Employer Not Responsible for Employee Defaming Customer on Facebook

In Howard v. Hertz Global Holdings, Inc., a Hawaiian Federal Court found that Hertz Rent-a-Car could not be held responsible for its employee’s Facebook comments about one of its customers. While employers should welcome the...more

Social Media in the 2010s: A Force Awakens

by Shipman & Goodwin LLP on

When I was asked by LexBlog to provide insight into my most significant story I’ve written about in the first half of this decade (and wondering if it started on January 1, 2010 or 2011?), I first thought about looking at...more

Second Circuit “Likes” Where NLRB Shakes Out on Social Media: Finds that Facebook “Likes” and Obscenity-Riddled Posts Were...

A unanimous panel of the Second Circuit recently upheld the NLRB’s well-publicized Facebook “Like” decision, which found that a sports bar violated the National Labor Relations Act when it terminated two employees for...more

Where’s the “Dislike” Button? 2nd Circuit Affirms Employee-Friendly Social Media Ruling

In my last post on HR legalist, I outlined the current state of the law regarding employee social media use. One trend I have been following is the National Labor Relations Board’s expansion of protections for employees who...more

Social Media Compliance Policies: Your Company Needs One

by Baker Donelson on

Use of social media is ubiquitous in today's society. This is astounding when you think back to 2004 and realize that social media did not exist then. Fast forward ten years and by September 2014, 58% of all American adults...more

Second Circuit Affirms NLRB View That Facebook "Likes" Are Protected Concerted Activity

Last week, the Second Circuit Court of Appeals backed the National Labor Relations Board’s position that employee social media postings are protected concerted activity under federal law, even if they use obscenities that...more

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