News & Analysis as of

Protected Concerted Activity Facebook Employee Handbooks

The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve... more +
The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union.  less -
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

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

Manatt, Phelps & Phillips, LLP

Social Media Update - The NLRB Upholds Employer-Friendly Ruling in First Decision Involving Firing Over a Facebook Posting

As a powerful tool to reach a wide audience and a vehicle for users to reveal otherwise private information, social media creates fertile ground for litigation, particularly in the employment and labor context. In the first...more

Pierce Atwood LLP

NLRB Says Facebook Firing is Lawful, But Social Media Policy is Not

Pierce Atwood LLP on

The National Labor Relations Board (NLRB) recently issued its first decision regarding an employee’s termination due to posts on Facebook. The decision, a mixed bag for employers, demonstrates—again—the NLRB’s increasing...more

Constangy, Brooks, Smith & Prophete, LLP

Car Dealership Must "Cease and Desist" from Requiring Courteous Behavior, NLRB Rules

We reported previously on a case in which a BMW salesman was terminated for postings on Facebook. (His dealership had served hot dogs and chips at a customer event, which the salesman thought was too low-brow for luxury car...more

Proskauer - Labor Relations

Update: NLRB Upholds Termination For Facebook Posting, But Nails Employer For Unrelated Handbook Policy

The NLRB has received a lot of attention for its actions the last couple years. One of the storms was caused by the agency’s attention to employer actions based on employee Facebook postings. More to the point, employers were...more

Ballard Spahr LLP

Employee’s Facebook Posting Not Protected Activity, Says NLRB

Ballard Spahr LLP on

The National Labor Relations Board’s most recent decision demonstrates that not all employee social media posts are protected by the National Labor Relations Act. Questions remain, however, about the extent to which employees...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

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