The National Labor Relations Act Social Media Policy

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
News & Analysis as of

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

The NLRB recently issued another case on employer social media policies, ruling that clicking Facebook’s “Like” button can constitute “protected, concerted” employee activity under the National Labor Relations Act (NLRA)....more

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

NLRB “Unfriends” Employer Over Facebook “Like”

On August 25, the National Labor Relations Board found in Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Sanzone, Case No. 34-CA-012915, and Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Spinella, Case...more

Employers Are Not Going to "Like" This NLRB Decision on Social Media

The National Labor Relations Board (“NLRB”) has issued yet another decision which should cause all employers, even those without unions, to think very carefully before disciplining any employee for their actions on social...more

Week in Review

The National Labor Relations Board continues to focus on employer social media policies and employee discipline for online activity. In a ruling this week involving Triple Play Sports Bar & Grill, the Board concluded that...more

Lessons on Social Media in the Workplace

The following is a guest blog post by Tyler M. Paetkau, a partner with Hartnett, Smith & Paetkau in Redwood City. Tyler represents employers in all aspects of labor and employment law. He’s a frequent author and speaker on...more

Enforcing Your Policies Outside The Workplace

All employers adopt and enforce policies regulating conduct at the workplace. Many employers expect that employees will follow their employment polices at all times regardless of whether the employee is working or at work....more

10 Tips for Creating an Effective Social Media Policy

A controversial tweet posted by a Kansas University professor last fall in response to the shootings at the Navy Yard in Washington, D.C. resulted in the Kansas Board of Regents’ adoption of a revised social media policy. The...more

NLRB Administrative Law Judge Rulings on Work Rules and Social Media Policies Continue to Perplex

The NLRB may be getting #SocialMedia, but confusion concerning employer work rules and social media policies became obvious yet again in Professional Electrical Contractors of Connecticut (June 4, 2014). In this decision, ALJ...more

Federal ALJ Says Social Media Policy Cannot Require Employees to State That Their Opinions Are Not Those of the Company

In recent years, the National Labor Relations Board has attacked a range of employer social media policies that sought to restrict employees’ complaints or disparaging remarks about their employers. The NLRB contends that...more

Social Media - The Double-Edged Sword For Screening Job Applicants

It’s become second-nature to “Google” people to whom you’ve been introduced or are planning to meet. For many employers, it’s just as easy to engage in the same process with those applying for employment. When an...more

Are Provisions in Your Social Media Policy Overbroad? The NLRB Might Think So

Employers see social media as a new and different form of communication by their employees, requiring careful consideration and special policies. But according to a recent decision from a National Labor Relations Board...more

NLRB continues quest to expand its authority

Now that the National Labor Relations Board has its mandated full complement of five members, it is expected that it will continue its quest to broaden its authority over private employers. For example, along with the NLRB’s...more

Social Media – Revise Your Policy If It Says This

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

Employment Law Alert - Mar 2014: LinkedIn: What’s Your Policy ?

The prevalence of social media in today's society, both in and out of the workplace, is undeniable. However, this continually emerging area of the law is fraught with perils. With that acknowledgement, companies must consider...more

2014 Labor And Employment Law Checklist

Each year, LP’s Labor & Employment Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you find this 2014...more

Latest NLRB Developments Regarding Social Media Policies

Social media on the Internet have become enormously popular in recent years as more and more people log on to chat, blog and post updates on an infinite variety of topics. In response to this phenomenon, many companies have...more

Uncovering a Line in the Sand: Employee Social Media Use and the NLRA

If an employee calls his supervisor a “nasty motherf[**]ker” on Facebook, would the employee lose the protection that he would otherwise enjoy under the National Labor Relations Act (NLRA)? Probably not, according to...more

Labor Letter, December 2013: Was It A Good Year Or Bad Year? The 2013 Employment Law Year In Review

It's pretty common each December to take stock and look back at the year that is ending, whether it’s recounting the happy times and counting one’s blessings, or reliving the disappointments and ruing over the regrets (and...more

Employers: Be aware of the NLRB when Implementing and Enforcing Social Media Policies

Many employers adopt policies that restrict employee internet conduct that could impact the company’s business. While it is prudent to provide employees with clear rules in this area, employers must be wary of aggressive...more

Oh, F*©k No: Administrative Law Judge Rules that Employees’ Expletive-Laced Facebook Posts are not Protected Under the National...

With the increasing prominence of social media, employers have been rightfully concerned about the impact of employees’ out-of-work statements on the work place—particularly when it comes to the reputation of the employer. In...more

Here's What's Missing from Your Company's Social Media Policy

For a legal perspective, we asked attorneys writing on JD Supra to tell us what, in their experience, they most often found to be missing from workplace social media policies. We knew that a roundtable of responses would make...more

What's Not To Like About Protected Speech?

At the expense of sounding too corny, sometimes these issues are fascinating. As much as they are practical, from a takeaway standpoint. Back on May 8, 2012, I blogged about an interesting federal case in Virginia that...more

What's in a "Like"? Precedent-Setting Case Poses New Risk for Employers

The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign...more

At Least The Unicorn Won’t Sue You

When not writing about the legal issues raised by my favorite TV shows, most of this blogger’s Law Law Land blogs have involved either employment law or social media issues. So you can imagine my sheer delight when the news...more

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