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Social Media Policy National Labor Relations Board

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... more +
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 -

Labor & Employment E-Note - June 2017

by Burr & Forman on

Given the prevalence of social media in our online culture, employers are forced to navigate the ever changing landscape of issues presented by the social media usage of their employees. Please see full E-Note below for...more

Employees’ Social Media Activity: Proceed with Caution

by Burr & Forman on

Given the prevalence of social media in our online culture, employers are forced to navigate the everchanging landscape of issues presented by the social media usage of their employees. What recourse does an employer have...more

4th Circuit sets a match to battalion chief's First Amendment claims

by McNair Law Firm, P.A. on

Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with 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

Social Media Policies and the First Amendment

by PretiFlaherty on

Over the last several years, the National Labor Relations Act has driven much of the discussion around the legalities of social networking policies. Since 2011, for example, the NLRB’s Office of General Counsel has issued...more

Does Your Social Media Policy Apply Globally?

by Kelley Drye & Warren LLP on

The surprising EU perspective - Drafting a global social media policy is a balancing act. Employers need to protect their legitimate business interests, but must do so with respect for the employees’ rights to freedom of...more

What’s in a “Like”?: Tips for Employers and In-House Counsel in Crafting Social Media Policies

by Kelley Drye & Warren LLP on

Your colleagues are on social media. Ninety-seven percent of online adults aged 16-64 say they have visited or used a social network within the last month. Because social media continues to grow and constantly evolves,...more

Employment Law 2016 Review

by Barley Snyder on

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

Policing Social Media Policies

by Sands Anderson PC on

Police officers in Petersburg had a First Amendment right to post to Facebook their complaints about their police department. A department policy limiting social media postings was unconstitutional. So held the U.S. Court...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 Says Social Media Policy Cannot Prohibit Employees from Posting Pictures of Company Uniforms

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

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

[Event] The Most Significant Employment Law Developments of 2016 - Jan. 18th or 25th, Mountain View or San Francisco, CA

by Fenwick & West LLP on

2016 brought several employment law developments that will undoubtedly affect your workplace. The Fenwick & West Employment Practices Group invites you to attend its annual complimentary briefing to learn more about the most...more

5 Key Takeaways from My Long List of Regulatory Changes Shared at ECVC2016

by NAVEX Global on

As 2016 draws to a close with a major political transition underway in Washington, D.C., organizations already dealing with a rapidly evolving regulatory environment now face uncertainty regarding whether some of the new...more

NLRB Continues to Click “Dislike” on Social Media Policies

by Foley & Lardner LLP on

As the National Labor Relations Board (NLRB) continues its assault on employer personnel policies, certain policies seem to be getting particular attention. Various recent NLRB opinions have imposed a number of limitations on...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

Why after-hours social media posts can still spell on-the-job trouble

by McNees Wallace & Nurick LLC on

Many people think that only teenagers and twentysomethings are using Facebook, Twitter, Instagram, Snapchat, Pinterest, LinkedIn and Google Plus to interact with others. Not so....more

What’s Good for the Goose…

by Miles & Stockbridge P.C. on

Over the past few years, the National Labor Relations Board (NLRB) has taken issue with employers that discipline employees over Facebook and other social media postings. The NLRB allows employees to discuss wages and other...more

Federal ALJ Says NLRA Also Protects Employee Social Media Use from Union Interference

Employers are well aware of the National Labor Relations Board’s increasingly aggressive prosecution of employers accused of violating employee rights by attempting to restrict their social media interactions. Earlier this...more

NLRB Loses Its Lunch Over Chipotle’s Social Media Policy

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...more

Employer Handbook Policies Violate the National Labor Relations Act

by 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

NLRB Says Employees Spreading Inaccurate Information is Protected Conduct

Yet another chapter in the National Labor Relations Board’s assault on employer social media policies. Earlier this month, the Board rejected Chipotle’s policy that prohibited employees from “posting incomplete, confidential,...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

#Fired: Post a Tweet, Lose Your Job

by FordHarrison on

Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former...more

Five Tips for Handling Pokémon Go in the Workplace

by Reed Smith on

In the past several weeks, Pokémon Go has taken the world, and many workplaces, by storm. If you’re concerned about reducing the negative impact that this game may be having on your employees’ productivity – and, more...more

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