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National Labor Relations Board › Social Media Policy › Administrative Law Judge (ALJ)

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 -
Jaburg Wilk

Threatening Employees on Social Media is No LOL Matter

Jaburg Wilk on

Sometimes jokes fall flat. Sometimes they can get employers in trouble with the National Labor Relations Board (the “NLRB”). A recent case is a cautionary tale. What Happened? In responding to a story about workers for...more

Cozen O'Connor

II-34- Ten Things You Missed From Summer 2018

Cozen O'Connor on

We're back! This brand new episode addresses the 10 developments you may have missed from this past summer of 2018, including employees secretly recording the workplace, new non-compete legislation, the unstoppable #MeToo...more

Proskauer - Labor Relations Update

Two Employees, Social Media, An Unlawful Policy ... What Could Possibly Go Wrong?

Proskauer - Labor Relations Update on

The advent of social media resulted in a feverish effort by the NLRB to keep up with new technology. In reality, the legal standard for evaluating whether conduct is protected concerted activity did not change. Rather, all...more

Parker Poe Adams & Bernstein LLP

NLRB Says Social Media Policy Cannot Prohibit Employees from Posting Pictures of Company Uniforms

Parker Poe Adams & Bernstein LLP on

At least for now, the National Labor Relations Board (NLRB) continues its assault on employer social media policies. In a recent Board decision, G4S Secure Solutions (USA), Inc., the majority declared a variety of policies...more

Baker Donelson

NLRB Continues to "Like" Enforcement over Social Media Policies and Related Issues

Baker Donelson on

In recent years, the National Labor Relations Board (NLRB) has focused attention on company policies that attempt to limit employee engagement in social media. Specifically, the NLRB has consistently taken the position that...more

Obermayer Rebmann Maxwell & Hippel LLP

NLRB Loses Its Lunch Over Chipotle’s Social Media Policy

Obermayer Rebmann Maxwell & Hippel LLP on

On August 18, 2016, the National Labor Relations Board (NLRB) affirmed an administrative law judge’s (ALJ) March 14, 2016 ruling that Chipotle’s “Social Media Code of Conduct” violated the National Labor Relations Act (NLRA)....more

Foley & Lardner LLP

Employer Handbook Policies Violate the National Labor Relations Act

Foley & Lardner LLP on

As we recently noted, the National Labor Relations Board (NLRB) is laser-like focused on scrutinizing employer personnel policies. In yet another example of this ongoing campaign, a recent administrative law judge (ALJ)...more

Littler

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

Littler on

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

Seyfarth Shaw LLP

NLRB Tells Employers to Mind their Own Business

Seyfarth Shaw LLP on

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

Parker Poe Adams & Bernstein LLP

The NLRB Continues to Monitor Social Media Policies

Parker Poe Adams & Bernstein LLP on

According to this EmployNews report, the National Labor Relations Board continues to interpret the National Labor Relations Act to prohibit social media policies that restrict employees’ ability to publically complain about...more

Dorsey & Whitney LLP

Quirky Question #279: Concerted Activity in 140 Characters or Less

Dorsey & Whitney LLP on

Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. ...more

Parker Poe Adams & Bernstein LLP

Social Media Policy Cannot Prevent Employee from Negative Responses to Customer Tweets

Parker Poe Adams & Bernstein LLP on

The National Labor Relations Board continues to interpret Section 7 of the NLRA to prevent employers from adopting social media policies that restrict employees’ ability to publically complain about their terms and conditions...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

Allen Matkins

Surprise! NLRB Approves Employer’s Challenged Social Media Policy

Allen Matkins on

In somewhat of a surprise, recently the NLRB affirmed an Administrative Law Judge’s decision, which had rejected the NLRB General Counsel’s challenge to a portion of an employer’s social media policy as unlawful. The...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Balancing Protection of Information With Employee Rights in Confidentiality Policies"

Skadden, Arps, Slate, Meagher & Flom LLP on

The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to discuss terms and...more

Akerman LLP - HR Defense

Social Media Policies — ALJ Disregards Guidance From NLRB General Counsel

Akerman LLP - HR Defense on

If you identify yourself as an associate of the Company and publish any work-related information online, you must use this disclaimer: "The postings on this site are my own and don't necessarily represent the positions,...more

Akerman LLP - HR Defense

Employers Must Examine Their Employee Agreements For Compliance With The National Labor Relations Act

Akerman LLP - HR Defense on

Recently, an Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) issued a decision in Quicken Loans, Inc., which found confidentiality and non-disparagement provisions to be unlawful under the...more

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

NLRB ALJ Issues Additional Social Media Guidance in Dish Network Corporation

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

The National Labor Relations Board (the NLRB or Board) and its administrative law judges continue to scrutinize employers’ social media policies, with additional guidance being released almost weekly. In a case involving Dish...more

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