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National Labor Relations Board › Facebook › Social Networks

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 -
Benesch

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

Benesch on

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

Parker Poe Adams & Bernstein LLP

NLRB Says Facebook Comments About Workplace Safety Remain Protected

Parker Poe Adams & Bernstein LLP on

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

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

Parker Poe Adams & Bernstein LLP on

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

Seyfarth Shaw LLP

NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech

Seyfarth Shaw LLP on

Seyfarth Synopsis: A new NLRB decision that attempts to define further the boundaries of protected speech under the NLRA. In Laborers’ International Union of North America and Mantell, Case No. 03-CB-136940 (NLRB...more

Zelle LLP

Employment Law Navigator – Week in Review: April 2016 #4

Zelle LLP on

Late last week, Uber announced it had reached a settlement with California and Massachusetts drivers over their classification as independent contractors. The settlement calls for drivers to remain independent contractors,...more

Dorsey & Whitney LLP

Quirky Question #269: Like it or Not – Facebook Post Protected Under the NLRA

Dorsey & Whitney LLP on

Question: I own a small manufacturing company that employs 25-35 employees, depending on our workload. Over the years, a number of my customers and my employees have “friended” me on Facebook. Last week, I saw that one of...more

Robinson+Cole Data Privacy + Security Insider

Court “Likes” NLRB’s determination that Facebook posts are protected under the NLRA

Robinson+Cole Data Privacy + Security Insider on

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

Baker Donelson

Social Media Compliance Policies: Your Company Needs One

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

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

Robinson & Cole LLP on

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

Faegre Drinker Biddle & Reath LLP

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

Faegre Drinker Biddle & Reath LLP on

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

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

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

BakerHostetler

Weigand v. N.L.R.B: A Double Standard for Social Media?

BakerHostetler on

On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more

Robinson & Cole LLP

NLRB determines vulgar Facebook posts protected concerted activity

Robinson & Cole LLP on

The National Labor Relations Board (NLRB) determined that Pier Sixty LLC, a New York catering service, violated federal labor law by firing an employee server after he posted a Facebook message protesting supervisory abuse...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

McDermott Will & Emery

In with the New: 2015 Privacy, Advertising and Digital Media Predictions – Part II

McDermott Will & Emery on

More predictions about privacy, advertising and digital media trends making headlines in 2015 from Of Digital Interest editor Bridget O’Connell and predictions from our London office by Rob Lister...more

Parker Poe Adams & Bernstein LLP

Think Twice Before Firing an Employee for Facebook Posts

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Social media continues to play an important role in all aspects of a company’s internal and public communications. Companies are utilizing social media to make SEC disclosures, coordinate targeted advertising and marketing...more

Cozen O'Connor

Poetic Justice – 2014 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 2015. But it is also the time to look back at all that has happened in 2014. Rather than simply give you links to all of my stimulating...more

BakerHostetler

#Insubordination: NLRB Affirms Refusal To Re-Hire Employees Based Upon Facebook Exchange

BakerHostetler on

In prior articles, we have discussed various decisions by the National Labor Relations Board (“NLRB” or the “Board”) protecting employee social media activity as concerted activity under Section 7 the National Labor Relations...more

Bond Schoeneck & King PLLC

NLRB Holds That Discharge of Employees for Facebook Conversation Was Unlawful

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On August 22, 2014, the National Labor Relations Board (“NLRB”) issued companion decisions in Three D, LLC d/b/a Triple Play Sports Bar and Grille, holding that the employer violated the National Labor Relations Act (“NLRA”)...more

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