News & Analysis as of

National Labor Relations Board Protected Concerted Activity Costco

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 -
Fenwick & West LLP

Social Media Policies And The NLRB: What Employers Need To Know

Fenwick & West LLP on

Social media policies. Chances are your company has one, is in the process of drafting one, or is worried about not having one. Employees continue to gripe about their jobs and their bosses on Facebook, as states like...more

Patterson Belknap Webb & Tyler LLP

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more

Fisher Phillips

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

Fisher Phillips on

The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more

Holland & Knight LLP

Labor Pains for Employers: NLRB Delivers Twin Employee-Friendly Decisions on Employer Social Media Policies

Holland & Knight LLP on

The National Labor Relations Board recently issued two rulings on employer social media policies that can be construed as favorable to employees. As a result, it is recommended that employers take the time to specifically...more

Carlton Fields

NLRB Tackles Social Media Policies and a Firing Related to a Facebook Posting

Carlton Fields on

This article addresses two recent National Labor Relations Board decisions. The first found the electronic posting rules of Costco Wholesale Corp. overly broad. The second found a “courtesy rule” of car dealership Karl Knauz...more

Pillsbury Winthrop Shaw Pittman LLP

First NLRB Decisions on Social Media Give Employers Cause to Update Policies, Practices

The National Labor Relations Board (“NLRB”) recently issued its first two rulings on employer social media policies and its first ruling on an employee’s termination due to posts on Facebook. These rulings are significant for...more

Littler

Social Media Policies in the NLRB's Crosshairs

Littler on

Between the summer of 2011 and the spring of 2012, the Acting General Counsel of the National Labor Relations Board (NLRB), Lafe Solomon, published three Advice Memos that expressed his views on the application of the...more

Franczek P.C.

NLRB Finds That Employer Lawfully Fired Employee Over Facebook Posts, But Its Courtesy Policy Violated The NLRA

Franczek P.C. on

On October 1, 2012, the National Labor Relations Board (NLRB) issued another decision addressing the intersection between the National Labor Relations Act (the Act), social media, and handbook policies prohibiting...more

Morgan Lewis

NLRB Strikes Down Employee Handbook Language and Issues First Social Media Decision

Morgan Lewis on

Continuing its aggressive foray into nonunion workplaces, the NLRB has weighed in on social media and employee handbook issues, finding certain language to be unlawful under Section 8(a)(1) of the National Labor Relations...more

Wilson Sonsini Goodrich & Rosati

Social Media Policies under Attack by the NLRB

In its first-ever decision on an employer's social media policy, the National Labor Relations Board (NLRB) has found Costco Wholesale Corp.'s policy to be overly broad and unenforceable in the case Costco Wholesale...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB Clubs Costco Social Media Policy

A panel of the National Labor Relations Board has found that electronic posting rules issued by Costco Wholesale Corporation violated the National Labor Relations Act. The Board panel largely followed guidance issued...more

Mintz - Privacy & Cybersecurity Viewpoints

NLRB to Costco: Your Social Media Policy Needs a Do-Over

There is no denying that the NLRB has recently devoted significant attention to employee’s use of social media. Since August 2011, the Board’s Acting General Counsel, Lafe Solomon, issued three reports outlining his view of...more

Stinson LLP

The NLRB Knocks Costco's Rule Regarding Employees' Use of Social Media Down to Size!.

Stinson LLP on

The National Labor Relations Board agrees with the Agency's General Counsel—blanket rules and policies that prohibit employees from making online statements that are "damaging" to their employer violate the National Labor...more

Miller & Martin PLLC

NLRB Strikes Down Overbroad Rules, Nixes Social Media Policy

Miller & Martin PLLC on

A recent decision from the NLRB illustrates the importance of carefully reviewing your work rules and policies to assure that the mere maintenance of a rule does not end up being an unfair labor practice. In Costco Wholesale...more

Mintz - Employment, Labor & Benefits...

NLRB Mandates Wholesale Changes to Costco's Social Media Policy

There is no denying that the NLRB has recently devoted significant attention to employee’s use of social media. Since August 2011, the Board's Acting General Counsel, Lafe Solomon, issued three reports outlining his view of...more

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

Definition Of “Concerted Activity” Continues To Be Construed Broadly By The NLRB

Recently, the National Labor Relations Board (NLRB) has issued a number of decisions restricting the ways in which employers can limit employee electronic communications, even when those communications may damage the company...more

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