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Protected Concerted Activity Social Media

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 -

Second Circuit Identifies Outer Limits of NLRA-Protected Speech

The National Labor Relations Act (NLRA) generally prohibits employers from retaliating against employees based on their union-related activities or for taking concerted action to improve the terms and conditions of their...more

Employer Cannot Fire Employees For Obscenity-Laced Facebook Posts During Union Organizing Campaign

by Tonkon Torp LLP on

Section 7 of the National Labor Relations Act protects employees who engage in concerted activities for purposes of collective bargaining or for mutual aid and protection. How far that protection extends was tested in NLRB v....more

Oh F**k: Employee’s Profane Facebook Post is Protected Activity

On April 21, 2017, the Second Circuit Court of Appeals upheld a National Labor Relations Board (NLRB or Board) ruling that an employer violated the National Labor Relations Act (NLRA or Act) when it discharged a catering...more

Court Upholds Reinstatement of Fired Facebook Ranter

Employers, what would you do if an employee made a post on Facebook that referred to his/her supervisor as a “nasty mother***er” and also stated “f**k [the supervisor] and [his/her] entire f***ing family?” It’s a no-brainer...more

Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother F***er” and “F***...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee....more

Now You, Too, Can Call Your Boss a Nasty Motherf****r

by Kelley Drye & Warren LLP on

Maybe we’ve all thought it at some point in our careers. But according to the Second Circuit Court of Appeals, you might actually be able to get away with saying it—that is, calling your boss a nasty mother****r—if you’re...more

“Do You Kiss Your Mother With That Post?” Second Circuit Rules on Foul Facebook Post about Employer

The Second Circuit Court of Appeals stepped in to support the NLRB’s finding that an employee’s profanity-ridden social media posting about his employer (and his employer’s mother) was not so offensive that it went beyond the...more

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit...more

Profane Facebook Message Protected Under The NLRA

by Saul Ewing LLP on

Last week, the Second Circuit held that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who had posted a profane and vulgar message on Facebook that insulted a manager and urged...more

F-Word Facebook Firing Flipped By Federal Court

by Fisher Phillips on

In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more

Labor Relations Today: 2016 Year In Review

by McGuireWoods LLP on

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

The National Labor Relations Board’s Crackdown on Social Media Policies

by Arnall Golden Gregory LLP on

If your company has a social media policy in its handbook, that policy is in the crosshairs of the National Labor Relations Board (NLRB). The NLRB is the agency that enforces the National Labor Relations Act (NLRA), which,...more

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

by 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

What Clinton, Um, Trump Means For Social Media and Employment Law

by Cozen O'Connor on

This was supposed to be posted last Wednesday morning. All kinds of great insight into what a(nother) Clinton White House would mean for social media and employment law. Then came the required post-election cut and paste....more

Even Non-Union Employers Must Consider the National Labor Relations Act When Drafting Social Media Policies

While employers should enact social media policies to protect trade secrets and prevent employees from defaming the employer, employers must ensure the policies do not violate the National Labor Relations Act (“Act”). Even...more

Labor Day Wouldn’t Be Labor Day Without New NLRB Decisions

The onset of Labor Day and the end of the NLRB fiscal year (September 30) one can count on seeing a number of decisions issued.  This year is no different, and perhaps more are being issued during these last few days because...more

Can Social Media Posts Lead to Termination?

The short answer is “yes.” Employers are permitted to terminate employees based upon their social media posts. Some may be surprised by this. Many will claim that such a termination violates the employee’s “freedom of...more

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

by 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

With Your Social Media Policy, It’s “Live” and “Go” Time

by Shipman & Goodwin LLP on

Recently, I had the opportunity to revisit a social media policy I had reviewed several years ago. In doing so, I was reminded — once again — how quickly the tech world is changing and how policies need to continually adapt. ...more

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

by 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

Socially Aware: The Social Media Law Update Volume 7, Issue 3

How To Protect Your Company’s Social Media Currency - Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is...more

#Concerted Activity in 140 Characters or Less

by Dorsey & Whitney LLP on

Employees have increasingly voiced concerns on social media regarding their employment, often including specific statements about their employers. As previously discussed on this blog, an employee’s Facebook post related to...more

Data Privacy Recommendations for Crafting Employee Monitoring Policies

by Bryan Cave on

Federal laws prohibit the interception of another’s electronic communications, but these same laws have multiple exceptions that generally allow employers to monitor employees’ email and internet use on employer-owned...more

It’s Still The Relationships, Stupid – 2015 Wrap Up (Part 2 of 2)

by Cozen O'Connor on

It is this time every year, as I am wrapping things up over at “social media and employment law blog” central, – and particularly in this latest political election year – that I am reminded of that election campaign more than...more

Second Circuit Holds That Facebook “Like” May Be Concerted Activity Under Section 7 of the NLRA

The Second Circuit recently released a summary order in Three D, LLC v. NLRB affirming the National Labor Relations Board’s (the Board) ruling that a Facebook “like” can be construed as concerted activity under Section 7 of...more

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