Social Media Policy Unions

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 -
News & Analysis as of

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

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

Do Your Company Policies & Procedures Stand up against the NLRB?

Many private businesses may be surprised to learn that the National Labor Relations Board (the “NLRB” or “Board”) can and will regulate policies and procedures that impact employees’ right to organize under Section 7 of the...more

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

15 For ’15: Employment And Labor Resolutions For The New Year

While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more

15 Labor & Employment Resolutions for 2015

U.S. voters handed the keys to the Republican Party in this past election. And so, while we wait to see if the “system” will improve or implode, it is that time of year again — the time to review and reflect on all that has...more

Supreme Court Opinion Calls into Question Hundreds of NLRB Rulings

On Thursday, June 26, 2014, the Supreme Court issued its long-awaited Noel Canning decision (NLRB v. Noel Canning, 572 U.S. ____ (2014)), and invalidated President Obama’s January 2012 appointments of three individuals to the...more

NLRB atypically 'gets it right' in latest ruling on social media

One of the topics from our recent “Eye on Workplace Privacy” seminar was the focus on how the NLRB has been dealing with employer handbook and social media policies. In that segment, we highlighted how the NLRB at times has...more

NLRB continues quest to expand its authority

Now that the National Labor Relations Board has its mandated full complement of five members, it is expected that it will continue its quest to broaden its authority over private employers. For example, along with the NLRB’s...more

Labor & Employment E-Note - January 16, 2014

In This Issue: - 13 States Set to Raise Minimum Wage, 11 More Consider Increases - EEOC Reports $372.1M in Monetary Relief for Workplace Bias Claims - N.Y.U. Graduate Assistants Vote to Affiliate with UAW -...more

Using Biometrics In The Workplace

In the past, employees rarely objected to having their picture taken for the company’s identification badge. But in this age of technology allowing for facial recognition, photo “tagging,” finger or palm prints, and other...more

Some New Year's Resolutions for HR Professionals in 2014

It’s the time of the season when many make well-intended resolutions for the New Year. Promises usually include ending bad habits and starting good ones. With resolutions in mind, what could human resource professionals focus...more

Social Media in the Workplace -- A New Web of Regulations Falls on Employers

Employers with a non-union workforce may be surprised to learn that their non-supervisory employees have legal protections enforced by the National Labor Relations Board (NLRB). The NLRB has recently taken an aggressive...more

Non-Unionized Employers: The NLRB Commands Your Attention

Many non-unionized employers might be surprised to learn that they, too, are governed by the National Labor Relations Board (NLRB). In fact, in 2012, the NLRB launched a website directed at non-union employees, which details...more

Party Foul! NLRB Orders Reinstatement and Back Pay for Party Bus Guide After Finding Facebook Postings Amount To Protected Union...

Providing yet another example of how online social networking can amount to protected conduct under the National Labor Relations Act, the NLRB ruled earlier this month in New York Party Shuttle, LLC and Fred Pflantzer, CN:...more

Social Media in the Workplace – Employers Must Now Comply With Strict NLRB Oversight

Section 7 of the National Labor Relations Act (“NLRA” or the “Act”), 29 USC § 157, protects both union and non-union employees who form, join and assist labor unions, participate in collective bargaining, and engage in “other...more

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

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

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...more

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

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’s Actions in 2012 Highlight Critical Labor Issues for Nonunion Employers

In 2012, the National Labor Relations Board (NLRB or Board) aggressively staked out positions on employment policies and practices prevalent in both union and nonunion workplaces. These issues include social media policies...more

Second of a series: Privacy and Security Issues for 2013

Our series over the next 10 days will highlight the top issues, as we see them, in privacy and security for 2013. Yesterday, we looked at the increase in cybcersecurity disclosure by public companies, triggered by the...more

Holiday Season Extravaganza: NLRB Issues Flurry Of Law Changing Decisions

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

NLRB eyes non union workplaces

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

Healthcare Update - November 2012, No. 4

In This Issue: - NLRB Continues To Set Sights On Healthcare Employers By Jim Kurek (Cleveland): The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare...more

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

Social Media Policies in the NLRB's Crosshairs

Between the summer of 2011 and the spring of 2012, the Acting General Counsel of the National Labor Relations Board (NLRB), Lafe Solomon, published three Advice Memos that expressed his views on the application of the...more

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