Social Media, NLRA, Popular

Time is ‘TikTok’-ing — ‘Being Real’ About Preemptively Addressing Employees’ Confidentiality and Privacy Breaches on Social Media

Foley & Lardner LLP on 3/21/2023

The newest and hottest forms of social media — TikTok and BeReal — pose similar risks to an employer’s workplace as did the “old” forms, like Snapchat, Instagram, and Facebook; namely, that employees can unintentionally (or...more

In-House Counsel: How to Avoid Missteps in the Social Media Minefield

Ward and Smith, P.A. on 12/22/2017

While social media has become ubiquitous, attorneys are subject to particular restrictions online. During Ward and Smith’s 2017 In-House Counsel Seminar two attorneys reviewed some of the potential pitfalls in-house counsel...more

Social Media Lesson for Employers: Recent $1.5 Million Retaliatory Discharge Verdict

Burr & Forman on 5/16/2017

On May 11, 2017, a federal jury in Charlotte, North Carolina awarded a former fire department employee, Crystal Eschert, a $1.5 million verdict in a retaliatory discharge lawsuit that teaches powerful lessons in today’s...more

Profane Facebook Message Protected Under The NLRA

Saul Ewing LLP on 4/26/2017

Last week, the Second Circuit held that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who had posted a profane and vulgar message on Facebook that insulted a manager and urged...more

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

Baker Donelson on 12/13/2016

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

2016 presidential election dynamics in the workplace: Free speech? ‘You’re fired’

McAfee & Taft on 10/12/2016

None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against employee....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

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

Dorsey & Whitney LLP on 5/25/2016

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

The Second Circuit “Likes” the NLRB’s Reasoning

Kelley Drye & Warren LLP on 11/16/2015

In recent years, the National Labor Relations Board has tended to protect employees’ social media activity against employers. A few weeks ago, the Second Circuit upheld a decision of the National Labor Relations Board...more

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

Littler on 10/30/2015

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

Your Employees’ Bad Behavior on Social Media Can Have Workplace Consequences

Pillsbury - Internet & Social Media Law Blog on 10/22/2015

Notwithstanding that the people involved are often surprised at their public exposure, it has become somewhat commonplace for individuals to be either caught on video by a smartphone or to have a social media website posting...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Morrison & Foerster LLP - Social Media on 10/15/2015

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

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

Burr & Forman on 8/25/2015

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

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

Weigand v. N.L.R.B: A Double Standard for Social Media?

BakerHostetler on 5/4/2015

On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more

NLRB Finds Employee’s Extremely Profane Facebook Post was Protected Concerted Activity

Franczek P.C. on 4/14/2015

The National Labor Relations Board recently demonstrated how far it will go to protect employees in the name of protected concerted activity. In Pier Sixty, LLC, an employee took to Facebook to call his manager a...more

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

McAfee & Taft on 4/7/2015

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

“Egregious” Insubordinate Facebook Post not Protected by NLRA

Fenwick & West LLP on 12/2/2014

The National Labor Relations Board (“NLRB”) upheld a San Francisco nonprofit’s decision not to rehire two employees due to their Facebook conversation. In Richmond District Neighborhood Center, the nonprofit ran an...more

Employers Finally Win NLRB Facebook Case

Parker Poe Adams & Bernstein LLP on 11/10/2014

Over the past several years, EmployNews has dutifully reported decision after decision from the National Labor Relations Board concluding that employees’ use of Facebook and other social media sites to complain about work,...more

Inside or Outside? How to Best Perform Your Company’s Social Media Background Check

Troutman Pepper on 9/17/2014

No employer wants its employee’s bad behavior at work to become the next viral video. So it is not surprising that more employers have started using social media in the hiring process to screen out candidates who post...more

NLRB's Recent Triple Play Decision Tackles Two Critical Social Media Issues for Employers

Littler on 9/3/2014

With the intersection between cutting-edge social media and the Depression-era National Labor Relations Act (NLRA or the Act) still relatively new, employers are looking for answers to some fundamental questions when it comes...more

Federal ALJ Says Social Media Policy Cannot Require Employees to State That Their Opinions Are Not Those of the Company

Parker Poe Adams & Bernstein LLP on 6/2/2014

In recent years, the National Labor Relations Board has attacked a range of employer social media policies that sought to restrict employees’ complaints or disparaging remarks about their employers. The NLRB contends that...more

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