NLRA, Facebook, Employer Liability Issues

Employers Beware: Can You Legally Terminate an Employee for a Controversial Facebook Post?

Obermayer Rebmann Maxwell & Hippel LLP on 1/25/2019

In this era of social media, it has become quite common for employees to post information online about their personal lives, their political views, and information related to their jobs. Social networks have increasingly...more

NLRB Says Facebook Comments About Workplace Safety Remain Protected

Parker Poe Adams & Bernstein LLP on 8/15/2018

Despite changes to the composition of the National Labor Relations Board over the past year, the NLRB’s position with regard to protection of employee social media discussions remains unchanged. Last month, the NLRB affirmed...more

Facebooking Misappropriated Employer Form Is Not Protected Activity

Sherman & Howard L.L.C. on 7/18/2018

On June 11, 2018, the National Labor Relations Board (Board) Division of Advice applied the Board’s new Boeing standard for assessing employer policies. The Division advised that an employer did not violate the NLRA when it...more

Social Media in the Workplace: More Changes Ahead?

McNees Wallace & Nurick LLC on 12/12/2017

In days past employees discussed and debated workplace issues around the water cooler. That sentimental past-time has long since been replaced by online social media networking and the reach of social media is stunning....more

Social Media Lesson for Employers: Recent $1.5 Million Retaliatory Discharge Verdict

Burr & Forman on 5/16/2017

On May 11, 2017, a federal jury in Charlotte, North Carolina awarded a former fire department employee, Crystal Eschert, a $1.5 million verdict in a retaliatory discharge lawsuit that teaches powerful lessons in today’s...more

Employer Cannot Fire Employees For Obscenity-Laced Facebook Posts During Union Organizing Campaign

Tonkon Torp LLP on 5/16/2017

Section 7 of the National Labor Relations Act protects employees who engage in concerted activities for purposes of collective bargaining or for mutual aid and protection. How far that protection extends was tested in NLRB v....more

Oh F**k: Employee’s Profane Facebook Post is Protected Activity

Orrick - Employment Law and Litigation on 5/5/2017

On April 21, 2017, the Second Circuit Court of Appeals upheld a National Labor Relations Board (NLRB or Board) ruling that an employer violated the National Labor Relations Act (NLRA or Act) when it discharged a catering...more

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

Mintz - Employment Viewpoints on 4/26/2017

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

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

McNees Wallace & Nurick LLC on 10/25/2016

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

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

Obermayer Rebmann Maxwell & Hippel LLP on 11/6/2015

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

Facebook “Like” Protected Speech Under the NLRA

Hinshaw & Culbertson LLP on 10/29/2015

We all have them. Friends and family who overshare on Facebook. Their food choices (complete with pictures), exercise routine, and relationship drama, all solidified in the form of a status update. Annoying maybe, but mostly...more

Second Circuit Upholds That Facebook "Likes" Can Be Protected, Concerted Activity

Faegre Drinker Biddle & Reath LLP on 10/28/2015

On October 21, 2015, the Second Circuit upheld the National Labor Relations Board’s (NLRB) earlier ruling that clicking the Facebook “Like” button can be protected concerted activity. The Triple Play Sports Bar & Grill fired...more

Will the Second Circuit “Like” the NLRB’s Recent Stance on Social Media? An Update on the Facebook “Like” Firing Case

Mintz - Employment, Labor & Benefits... on 4/29/2015

The NLRB last week filed its brief at the Second Circuit Court of Appeals in the well-publicized Facebook “Like” firing case, Three D, LLC v. NLRB. Prior to the appeal, we discussed the NLRB’s August 2014 ruling here as part...more

NLRB Holds Employee’s Obscene Facebook Post Criticizing Supervisor is Protected

Mintz - Employment, Labor & Benefits... on 4/14/2015

We have written previously about the expanding scope of social media activities that the National Labor Relations Act protects and the tight limits the NLRB places on an employer’s ability to discipline employees for...more

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

McNees Wallace & Nurick LLC on 1/22/2015

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

Fenwick Employment Brief - November 2014

Fenwick & West LLP on 12/1/2014

Jury to Decide Adequacy of FMLA Recertification Notice Delivered by Email - A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance...more

NLRB Shows Some Restraint in its Protection of Employee Social Media Communications: Employee Termination Arising From “Egregious”...

Mintz - Employment, Labor & Benefits... on 11/5/2014

In the wake of the NLRB’s aggressive crackdown on social media policies, many employers have asked: “Is there any limit to what employees can post on social media about their employers?” It appears that there is. Just last...more

The National Labor Relations Act › Facebook › Employer Liability Issues

Employers Beware: Can You Legally Terminate an Employee for a Controversial Facebook Post?

NLRB Says Facebook Comments About Workplace Safety Remain Protected

Facebooking Misappropriated Employer Form Is Not Protected Activity

Social Media in the Workplace: More Changes Ahead?

Social Media Lesson for Employers: Recent $1.5 Million Retaliatory Discharge Verdict

Employer Cannot Fire Employees For Obscenity-Laced Facebook Posts During Union Organizing Campaign

Oh F**k: Employee’s Profane Facebook Post is Protected Activity

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

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

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

Facebook “Like” Protected Speech Under the NLRA

Second Circuit Upholds That Facebook "Likes" Can Be Protected, Concerted Activity

Will the Second Circuit “Like” the NLRB’s Recent Stance on Social Media? An Update on the Facebook “Like” Firing Case

NLRB Holds Employee’s Obscene Facebook Post Criticizing Supervisor is Protected

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

Fenwick Employment Brief - November 2014

NLRB Shows Some Restraint in its Protection of Employee Social Media Communications: Employee Termination Arising From “Egregious”...

A NLRB Decision Employers Will Not "Like"

NLRB: Facebook “Like” is Protected, Concerted Activity Under the Labor Act

Protected Concerted Activity on Facebook: The NLRB “Likes” This

NLRB Continues Aggressive Crackdown on Social Media Policies

NLRB's Recent Triple Play Decision Tackles Two Critical Social Media Issues for Employers

More Reasons for Employers to "DISLIKE" Facebook

Employment Law - July 2014

Social Media & Protected Activity: Not Always a Third Rail for Employers

The National Labor Relations Act › Facebook › Employer Liability Issues

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