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Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Jackson Lewis P.C.

Labor Board Approves Carefully Crafted Social Media Policies

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The National Labor Relations Board (NLRB) has reversed the decision of an administrative law judge (ALJ) and held lawful an employer’s social media policy prohibiting disparagement of the company and others, “inappropriate...more

Proskauer - Labor Relations Update

NLRB Finds Social Media Policies Lawful, Sheds Light on Impact of Boeing

Proskauer - Labor Relations Update on

As we have discussed before, several years ago, the Board instituted a significant paradigm shift in analyzing the lawfulness of employers’ handbook policies in relation to employees’ Section 7 rights, when it issued its...more

Proskauer - Labor Relations Update

NLRB: Employer Tweet Unlawfully Restrained Protected Activity

Proskauer - Labor Relations Update on

On November 24, 2020, the Board held that a high-level executive’s tweet violated Section 8(a)(1) of the NLRA by interfering with or restraining employees’ protected, concerted activity....more

Jackson Lewis P.C.

Top Five Labor Law Developments for August 2020

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1. The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more

Jaburg Wilk

Threatening Employees on Social Media is No LOL Matter

Jaburg Wilk on

Sometimes jokes fall flat. Sometimes they can get employers in trouble with the National Labor Relations Board (the “NLRB”). A recent case is a cautionary tale. What Happened? In responding to a story about workers for...more

Bradley Arant Boult Cummings LLP

No Union Protection for Employees “Sick” Over No Paid Absences

Bradley Arant Boult Cummings LLP on

Can employees protest a company sick leave policy with an internet meme that suggests the company’s food is not safe? Not according to a recent Eighth Circuit decision. MikLin (doing business as Jimmy John’s in Minnesota)...more

Seyfarth Shaw LLP

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

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

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

McGuireWoods LLP

Labor Relations Today: 2016 Year In Review

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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

Baker Donelson

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

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

Seyfarth Shaw LLP

NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech

Seyfarth Shaw LLP on

Seyfarth Synopsis: A new NLRB decision that attempts to define further the boundaries of protected speech under the NLRA. In Laborers’ International Union of North America and Mantell, Case No. 03-CB-136940 (NLRB...more

Proskauer - Labor Relations Update

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

Proskauer - Labor Relations Update on

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

Littler

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

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

Dorsey & Whitney LLP

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

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

Dorsey & Whitney LLP

#Concerted Activity in 140 Characters or Less

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

Littler

Second Circuit Upholds NLRB's Triple Play Decision, Expanding Section 7 Protections for Employees' Social Media Activity

Littler on

Obscenities alone—even when viewed by an employer's customers—do not deprive employees engaged in protected concerted activity of the National Labor Relations Act's ("NLRA" or the "Act") protections. So held the U.S. Court...more

Burr & Forman

Hold that Friend Request: Legal Traps in a Post-Facebook Work Environment

Burr & Forman on

Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefits: stronger relationships between employees and management; a sense of collegiality; instant updates on...more

Allen Matkins

Surprise! NLRB Approves Employer’s Challenged Social Media Policy

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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

McAfee & Taft

NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

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Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary...more

Akerman LLP - HR Defense

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

Akerman LLP - HR Defense on

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

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