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National Labor Relations Board › Facebook › Employment Policies

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Seyfarth Shaw LLP

NLRB Publishes Advice Memo Finding that Company Maintained Unlawfully Overbroad Work Rules But Did Not Violate NLRA By Discharging...

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Seyfarth Synopsis: The NLRB’s Division of Advice recently released an Advice Memorandum finding that a security company’s work rules were unlawfully overbroad, but that the company did not violate the National Labor Relations...more

Benesch

NLRB Advice Memoranda Provides Guidance on Employer Work Rules and Social Media

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The National Labor Relations Board released a series of advice memoranda this week, two of which applied the new Boeing test to determine if a company rule or policy unlawfully restricts employees’ Section 7 right to engage...more

McNees Wallace & Nurick LLC

Social Media in the Workplace: More Changes Ahead?

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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 That sentimental past-time has long since been replaced by online social media networking and the reach of social media is stunning....more

Dorsey & Whitney LLP

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

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Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Parker Poe Adams & Bernstein LLP

Expletive-Laced Facebook Rant Protected Under Federal Labor Law

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Many people have fanaticized about telling their boss what they really think about him or her. Fortunately, most employees have the good sense not to write down what they are thinking about their employer....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

!@#$% Vote Yes for the UNION! Facebook Post Protected by the NLRA? Second Circuit Says Yes

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In National Labor Relations Board v. Pier Sixty, LLC, No. 15-1841 (April 21, 2017), the Second Circuit upheld the National Labor Relations Board’s (NLRB) finding that an employee’s Facebook post, although “vulgar and...more

Mintz - Employment Viewpoints

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

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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

Sands Anderson PC

Policing Social Media Policies

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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

McNees Wallace & Nurick LLC

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

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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

Obermayer Rebmann Maxwell & Hippel LLP

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

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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

Littler

Second Circuit Upholds NLRB's Triple Play Decision, Expanding Section 7 Protections for Employees' Social Media Activity

Littler on

Obscenities alone—even when viewed by an employer's customers—do not deprive employees engaged in protected concerted activity of the National Labor Relations Act's ("NLRA" or the "Act") protections. So held the U.S. Court...more

Robinson & Cole LLP

Court “Likes” NLRB’s Determination that Facebook Posts Are Protected under the NLRA

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The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

Franczek P.C.

Second Circuit Upholds NLRB Decision: Discharge of Employees for Facebook “Likes” Was Unlawful

Franczek P.C. on

On October 22, 2015, the Second Circuit Court of Appeals affirmed the National Labor Relations Board’s (NLRB) decision that Triple Play Sports Bar and Grille (Employer) violated Section 8(a)(1) of the National Labor Relations...more

Holland & Knight LLP

Second Circuit Says Facebook Profanity Directed at Employer is Protected - Employer Violated NLRA by Terminating Two Employees...

Holland & Knight LLP on

In Three D, LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's (the Board) determination that the employer, Triple Play,...more

Cozen O'Connor

Like It Or Not, Your Employees Can Like It

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It gets boring to blog just about the NLRB. We need some judicial action to get the juices flowing a little more. We got a little something last week. Question: Is merely clicking the “like” button on Facebook tantamount to...more

Allen Matkins

Is Posting Obscenities Aimed At Supervisor On Facebook A Terminable Offense?

Allen Matkins on

Maybe not, according to a recently published NLRB decision. In Pier Sixty LLC, a majority of a three-member NLRB panel affirmed an ALJ’s decision that the employer violated Section 8(a)(1) and (3) of the National Labor...more

Parker Poe Adams & Bernstein LLP

NLRB Rejects Profane Employee Facebook Rant as Grounds for Termination

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For decades, the National Labor Relations Board has recognized boundaries on employees’ rights to engage in activity protected under federal labor laws. While employees have been granted leeway to engage in heated or...more

Shumaker, Loop & Kendrick, LLP

Social Media Policies Revisited: The Facebook “Like” As Protected Activity

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The National Labor Relations Board (“NLRB”) continues to expand its reach beyond its traditional role involving unionized workforces. In particular, the NLRB has continued an aggressive campaign begun in 2011 to crackdown on...more

McNees Wallace & Nurick LLC

Board Continues Aggressive Policing of Employee Social Media Use

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Stop me if you heard this one: the National Labor Relations Board recently reinstated employees who were discharged for comments made on their Facebook pages and found that the employer's social media policy was unlawful....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

Bradley Arant Boult Cummings LLP

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

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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

Mintz - Employment, Labor & Benefits...

NLRB Continues Aggressive Crackdown on Social Media Policies

Mintz - Employment, Labor & Benefits... on

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

Fenwick & West LLP

Fenwick Employment Brief - February 2013

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In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

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