Social Media Policy › Protected Concerted Activity

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."

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News & Analysis as of May 25, 2013

Another Foul on Social Media Policies as Judge Rules Policy Too Ambiguous

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

On April 19, 2013, an administrative law judge (ALJ) struck down an employer's policies concerning employees' use of non-work email and media as violating Sections 7 and 8(a)(1) of the National Labor Relations Act (NLRA)....more

NLRB Outlines Employers' Social Media Policy Dos and Don'ts

by Alyesha Asghar Dotson | Spilman Thomas & Battle, PLLC on 4/30/2013

The National Labor Relations Board (NLRB) has become active in scrutinizing and striking down employers’ social media policies. Three times in the last year, the NLRB issued Operations Management Memoranda providing employers...more

National Labor Relations Board on Employer Social Media Policies

by Ian Schick Ph.D. | Pillsbury Social Media, Entertainment &... on 3/14/2013

As use of social media continues to increase, so do concerns by employers regarding employee use of social media as it relates to the workplace. In response, many employers are drafting new or revised policies covering use of...more

Two Key Elements Every Social Media Policy Should Include [Video]

by Fenwick & West LLP on 3/4/2013

The National Labor Relations Board (NLRB) has taken actions to protect employee free speech on social media, and, let’s face it – most, if not all, of your employees have at least one social media account. In consideration of...more

Social Media Policies And The NLRB: What Employers Need To Know

by Sheeva J. Ghassemi-Vanni, Saundra Riley, Michael A. Sands | Fenwick & West LLP on 3/4/2013

Social media policies. Chances are your company has one, is in the process of drafting one, or is worried about not having one. Employees continue to gripe about their jobs and their bosses on Facebook, as states like...more

The National Labor Relations Board 2012 Year in Review

by Bruce Bagley, Adam Santucci | McNees Wallace & Nurick LLC on 2/20/2013

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of hindsight,...more

What Would Jesus Do?

by Kelly Scott | Ervin Cohen & Jessup LLP on 2/19/2013

On January 25, 2013, Chelsea Welch, a server at a St. Louis Applebee’s, was terminated from her position after posting online a photograph of a note a customer wrote on a receipt. The note, left by a Missouri-based pastor,...more

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

by Scott T. Silverman | Akerman Senterfitt on 2/5/2013

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

NLRB Decisions Heighten Need for Employers’ Strong Social Media Policies

by Julie Levinson Werner | Lowenstein Sandler LLP on 1/25/2013

Recent National Labor Relations Board (NLRB) decisions have made it clear that employees’ comments on social media sites may be protected activities. Consequently, it’s more important than ever for employers to have clear...more

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

by Lisa E. Cleary, Adam Pinto, Catherine A. Williams | Patterson Belknap Webb & Tyler LLP on 1/24/2013

The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more

NLRB: Use of Social Media Can Be Protected Employee Activity

by Jeff Ifrah on 1/22/2013

The rise of social media has led to the application of old law to new forms of communication. For instance, an effort by the National Labor Relations Board to educate workers on their right to engage in protected concerted...more

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

by James McDonald Jr. | Fisher & Phillips LLP on 1/12/2013

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

What Some Would Call Harassment, The NLRB Calls Protected Concerted Activity

by Katherine Rand | Pierce Atwood LLP on 1/10/2013

Last month, the National Labor Relations Board (NLRB) issued its latest opinion on the scope of employees’ Section 7 rights while posting on social media sites like Facebook. Hispanics United of Buffalo, which involved the...more

You Can’t Be Fired for Discussing Your Job on Facebook

by Michele Bowman | Lawyers.com on 1/4/2013

Employers can punish or fire employees for doing a lot of things, but they can’t fire you for talking about working conditions at your job on Facebook. The National Labor Relations Board on Dec. 14 said Hispanics...more

NLRB Confirms that Comments Posted on Social Media May Be Entitled to Protection

by Lyndsey Kruzer, Michael L. Rosen | Foley Hoag LLP on 1/2/2013

The National Labor Relations Board (NLRB) recently issued a significant decision - solidifying the position it has staked out over the past 18 months - that an employee’s posts on social media may be entitled to protection...more

NLRB Sides with Employees Fired over Facebook Posts

by William K. Kennedy II, Michelle M. McGeogh | Ballard Spahr LLP on 12/29/2012

In its second opinion addressing employee terminations resulting from Facebook posts, the National Labor Relations Board (NLRB) has ordered an employer to reinstate five employees terminated for posting Facebook comments in...more

Holiday Season Extravaganza: NLRB Issues Flurry Of Law Changing Decisions

by Mark Theodore | Proskauer - Labor Relations on 12/28/2012

Last week the NLRB issued several significant decisions. In the press release announcing the decisions, the agency noted that most were actually issued “the week of December 10, but were issued this week following editing and...more

Labor Pains for Employers: NLRB Delivers Twin Employee-Friendly Decisions on Employer Social Media Policies

by Howard Sokol, Todd D. Steenson | Holland & Knight LLP on 12/13/2012

The National Labor Relations Board recently issued two rulings on employer social media policies that can be construed as favorable to employees. As a result, it is recommended that employers take the time to specifically...more

NLRB Approves Employer's Social Media Policy

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 11/19/2012

The National Labor Relations Board (NLRB) appears to be scaling back its attack on social media policies and has provided additional insight to employers as to what constitutes a valid social media policy under the National...more

NLRB Tackles Social Media Policies and a Firing Related to a Facebook Posting

by Carlton Fields on 11/16/2012

This article addresses two recent National Labor Relations Board decisions. The first found the electronic posting rules of Costco Wholesale Corp. overly broad. The second found a “courtesy rule” of car dealership Karl Knauz...more

NLRB eyes non union workplaces

by Eli Kantor on 11/12/2012

My article entitled "NLRB eyes non union workplaces" discusses the NLRB's recent intrusion into non union workplaces. The NLRB is already limiting what employers can say in their social media policies. Now it is attempting to...more

Say What? NLRB Provides Guidance For Social Media Policies

by Pillsbury Social Media, Entertainment &... on 10/26/2012

In a series of important rulings, the National Labor Relations Board ("NLRB") has provided guidance regarding the extent to which private employers may regulate aspects of an employee's social media activities consistent with...more

NLRB Decisions Continue to Proscribe Social Media and Other Policies If They Could Arguably Be Construed to Limit Protected...

by Duane Morris LLP on 10/19/2012

Employers that have or are considering instituting social media or civility policies may want to pay attention to two National Labor Relations Board (NLRB; the Board) decisions issued in September 2012....more

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

by Manatt, Phelps & Phillips, LLP on 10/12/2012

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

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

by Pierce Atwood LLP on 10/12/2012

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

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Social Media Policy › Protected Concerted Activity

Another Foul on Social Media Policies as Judge Rules Policy Too Ambiguous

NLRB Outlines Employers' Social Media Policy Dos and Don'ts

National Labor Relations Board on Employer Social Media Policies

Two Key Elements Every Social Media Policy Should Include [Video]

Social Media Policies And The NLRB: What Employers Need To Know

The National Labor Relations Board 2012 Year in Review

What Would Jesus Do?

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

NLRB Decisions Heighten Need for Employers’ Strong Social Media Policies

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

NLRB: Use of Social Media Can Be Protected Employee Activity

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

What Some Would Call Harassment, The NLRB Calls Protected Concerted Activity

You Can’t Be Fired for Discussing Your Job on Facebook

NLRB Confirms that Comments Posted on Social Media May Be Entitled to Protection

NLRB Sides with Employees Fired over Facebook Posts

Holiday Season Extravaganza: NLRB Issues Flurry Of Law Changing Decisions

Labor Pains for Employers: NLRB Delivers Twin Employee-Friendly Decisions on Employer Social Media Policies

NLRB Approves Employer's Social Media Policy

NLRB Tackles Social Media Policies and a Firing Related to a Facebook Posting

NLRB eyes non union workplaces

Say What? NLRB Provides Guidance For Social Media Policies

NLRB Decisions Continue to Proscribe Social Media and Other Policies If They Could Arguably Be Construed to Limit Protected...

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

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

Two Key Elements Every Social Media Policy Should Include [Video]

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