News & Analysis as of September 21, 2024

Social Media Policy › Employee Handbooks

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Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media accounts and profiles. The development and enforcement of Social Media Policies can be a controversial issue. For example, some Social Media Policies have been subjected to scrutiny by the National Labor Relations Board for being reasonably interpreted as discouraging "protected concerted activity." less -

"Watch Me Get Fired" Videos Are Going Viral: 7 Tips for Employers to Navigate New Trend

Fisher Phillips on 2/16/2024

A scroll through social media will quickly reveal that we’re in a new workplace era where the stigma attached to being fired or laid off is waning and many people are seeking solidarity online. In recent viral posts on...more

Is It Time for Change? 5 Reasons Your Dealership May Want to Change Your Employee Handbook for 2023

Fisher Phillips on 11/9/2022

‘Tis the season for change. The weather is changing. The leaves are changing (or have changed). Twitter is changing. The political landscape is changing. Employment laws have changed or will be changing. The calendar will be...more

The Labor Law Insider: Better Change Your Policies, Including Social Media

Husch Blackwell LLP on 9/13/2022

Labor Law Insider host Tom Godar welcomes two new Labor Law Insiders as they discuss the shifting standards applied by the National Labor Relations Board (NLRB) to traditional employment policies found in almost every...more

Supreme Agitation: Prepare for Employee Protest and Social Media Activity Now That Supreme Court Has Issued Abortion Decision

Poyner Spruill LLP on 6/27/2022

The leaked draft of the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization et al, made headlines and sparked protests across the country. Now that the Supreme Court has issued the final decision, which...more

NLRB Memo Refines Position on Employer Social Media Policies

Parker Poe Adams & Bernstein LLP on 10/2/2019

On the heels of its 2018 Boeing decision, the National Labor Relations Board continues to provide employers with guidance regarding acceptable and unacceptable restrictions on employee social media use. In a September 12...more

New NLRB Advice Memo Clarifies Social Media Policy Rules

Parker Poe Adams & Bernstein LLP on 9/4/2019

The National Labor Relations Board continues to provide guidance with respect to employers’ attempts to regulate employee social media behavior. In its Boeing Co. decision, the board made it significantly more difficult for...more

12 Days of HR: All I Want For Christmas Is . . . A Side Hustle?

Verrill on 12/21/2018

In recent years, “side hustles” have become an increasingly common phenomenon among employees in all industries to supplement income from a “traditional” job. A key attribute of side hustles is that they are self-managed, and...more

II-34- Ten Things You Missed From Summer 2018

Cozen O'Connor on 9/11/2018

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

Is A Twitter Account An Employer’s Trade Secret? Yes, Says Media Company

Zuckerman Spaeder LLP on 8/9/2018

Companies zealously guard their trade secrets and other information that gives them a competitive edge. And as we’ve covered in prior posts, companies often resort to the courts to protect this kind of information....more

Memo From Labor Board’s Top Attorney Signals Change Is On Its Way

Fisher Phillips on 12/5/2017

The newly installed General Counsel for the National Labor Relations Board published a memorandum late last week indicating that the General Counsel is preparing to push to reverse many of the controversial positions taken...more

Arizona Employers Need to Update Employee Handbooks

Jaburg Wilk on 9/7/2017

Employment law changes and evolves. Best practice for employers is to have an experienced employment attorney review and update their employee handbook to be in compliance with labor laws. At a minimum, the following areas...more

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

Cozen O'Connor on 8/21/2017

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Trump NLRB Appointments May Result in Reversals of Multiple Labor Decisions

Parker Poe Adams & Bernstein LLP on 7/5/2017

Last week, President Trump named his final appointee to the National Labor Relations Board (NLRB), giving Republicans a majority of the board’s members. Over time, this majority is likely to reverse a number of controversial...more

Firing Employees For Private Facebook Posts: Employers Should Proceed With Caution

Pullman & Comley - Labor, Employment and... on 11/14/2016

The recent filing of a lawsuit by a former television anchor against her former employer has magnified the need for employers to have a sound and meaningful social media policy. Former Pittsburgh, Pennsylvania news anchor,...more

Employer Handbook Policies Violate the National Labor Relations Act

Foley & Lardner LLP on 9/2/2016

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

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

Littler on 8/30/2016

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

NLRB Tells Employers to Mind their Own Business

Seyfarth Shaw LLP on 7/27/2016

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

Guidance On Handbooks, Policies, And Social Media Guidelines – Employers’ Attempts to Protect Themselves Too Much Can Lead to Loss...

Seyfarth Shaw LLP on 7/22/2016

Seyfarth Synopsis: The NLRB orders employer to cease and desist from maintaining numerous provisions in its Social Networking Guideline and provisions in the Handbook related to social media, privacy, and confidentiality, and...more

NLRB, Social Media, and Employee Handbooks

Seyfarth Shaw LLP on 12/17/2015

Would your company’s employee handbook pass a National Labor Relations Board (NLRB) social media review and investigation? The U.S. Chamber of Commerce highlighted some troubling notions in a report issued last week:...more

The Three “H”s of Fall: Halloween, Hot Chocolate, and Handbooks

Weintraub Tobin on 10/13/2015

Yes, the end of the year always brings a flurry of revisions to employer handbooks. This year is no different. Business owners, general counsel, and human resources professionals throughout California and the County always...more

Dealership Handbooks Remain In The NLRB's Crosshairs

Fisher Phillips on 8/6/2015

As we advised almost a year ago, the National Labor Relations Board (NLRB) has recently been subjecting dealership handbooks to increased legal scrutiny. Whether or not your dealership is unionized, your employment policies...more

Surprise! NLRB Approves Employer’s Challenged Social Media Policy

Allen Matkins on 7/23/2015

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

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

Holland & Knight LLP on 5/19/2015

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

NLRB Punishes Employer for Past Unlawful Handbook Policies Despite Employer’s Attempt to Repudiate

Franczek P.C. on 5/8/2015

In Boch Imports, Inc., the National Labor Relations Board (NLRB) found that the employer, a car dealership, violated the National Labor Relations Act because the dealership’s social media and dress code policies were...more

Landry's Inc. v. Flores: NLRB Ruling Bucks Trend, Hints that Non-Infringement Provisions in Employee Handbooks may be Lawful

Neal, Gerber & Eisenberg LLP on 8/12/2014

On June 26, a National Labor Relations Board (NLRB) judge ruled that Landry’s Inc., parent of Bubba Gump Shrimp Co., did not violate federal labor laws with its policy governing employees’ use of social media. Administrative...more

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Social Media Policy › Employee Handbooks

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