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National Labor Relations Board › Facebook › Free Speech

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 -
Burr & Forman

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

Burr & Forman 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

Fisher Phillips

Don’t Feed The Trolls: What Employers Can Do To Combat Internet Trolls

Fisher Phillips on

...The internet has forever changed the way information is shared. The rapid-fire online patter produces comments and information that could be both helpful and harmful to an employer and its employees. On the one hand, such...more

Cozen O'Connor

Poetic Justice – 2015 Wrap Up (Part 1 of 2)

Cozen O'Connor on

This is the time of year to anxiously look forward to all that is anticipated to come in 2016. But it is also the time to look back at all that has happened in 2015. Rather than simply give you links to all of my stimulating...more

Seyfarth Shaw LLP

Dislike Employees’ Facebook “Likes”? Fire Away at Your Own Risk

Seyfarth Shaw LLP on

On October 21, 2015, the Second Circuit Court of Appeals upheld the ruling of the National Labor Relations Board (“Board”) decision in Triple Play Sports Bar and Grill, 361 NLRB No. 31 (2014). The employer, Triple Play, had...more

Cozen O'Connor

Like It Or Not, Your Employees Can Like It

Cozen O'Connor on

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

Pierce Atwood LLP

Teach Appropriate Speech - Or risk liability for employees' derogatory on-line comments about customers

Pierce Atwood LLP on

Recent District of Hawaii decision suggests social media policies are more important than ever, despite NLRB’s dramatic limits on employers’ ability to police employee speech on the Internet - Howard v. Hertz - ...more

Parker Poe Adams & Bernstein LLP

Employers Finally Win NLRB Facebook Case

Parker Poe Adams & Bernstein LLP on

Over the past several years, EmployNews has dutifully reported decision after decision from the National Labor Relations Board concluding that employees’ use of Facebook and other social media sites to complain about work,...more

Morrison & Foerster LLP - Social Media

What’s in a Like?

Morrison & Foerster LLP - Social Media on

In the pre-Facebook era, the word “like” was primarily a verb (and an interjection sprinkled throughout valley girls’ conversations). Although you could have likes and dislikes in the sense of preferences, you could not give...more

Cozen O'Connor

NLRB Still “Likes” Expansive Employee Speech

Cozen O'Connor on

Unlike many issues, it seems that at least one issue (so far) has the NLRB on the same page as a recent court decision: whether clicking “like” on Facebook amounts to substantive, protectable speech. In my earlier blog posts...more

Cozen O'Connor

Poetic Justice - 2013 Wrap Up (Part 1 of 2)

Cozen O'Connor on

This is the time of year to anxiously look forward to all that is anticipated to come in 2014. But it is also the time to look back at all that has happened in 2013. Rather than simply give you links to all of the stimulating...more

Baker Donelson

Is the "Like" Button Becoming a Constitutionally Protected Activity?

Baker Donelson on

On September 18, 2013, the Fourth Circuit Court of Appeals ruled that an employee's act of clicking the "Like" button on Facebook constitutes speech protected by the First Amendment. This ruling signals an extension of...more

Littler

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

Littler on

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

Gray Reed

Firing Employees For Their Social Media Content – First, Stop And Think [Audio]

Gray Reed on

Much has been written about whether you can fire someone for what they put on Facebook. Your gut reaction may be that surely if someone talks bad about the company, you can fire them. The National Relations Labor Board...more

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