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Social Media National Labor Relations Board

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 -

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

Employment Law - April 2017

Eleventh Circuit: Title VII Doesn’t Prohibit Sexual Orientation Discrimination - Why it matters - In a decision that is already being cited in other courts around the country, the U.S. Court of Appeals for the Eleventh...more

Labor Relations Today: 2016 Year In Review

by McGuireWoods LLP on

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

AGG Litigation Insights Newsletter - Fall 2016

by Arnall Golden Gregory LLP on

Social media is everywhere, and while it gives businesses an unprecedented opportunity to reach a record number of consumers at a minimal cost, it can prove to be a double edged sword when disgruntled employees or customers,...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 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

What Clinton, Um, Trump Means For Social Media and Employment Law

by Cozen O'Connor on

This was supposed to be posted last Wednesday morning. All kinds of great insight into what a(nother) Clinton White House would mean for social media and employment law. Then came the required post-election cut and paste....more

Employment Law Navigator – Week in Review: November 2016

by Zelle LLP on

Last week, a Pennsylvania federal court held that Title VII protects lesbian, gay, and bisexual employees from sex discrimination. As we noted in last Thursday’s post, courts around the country have differing views about...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

NLRB Gives It the Old College Try – Again Hints that Athletes May Indeed Be Employees

by Ruder Ware on

Labor and employment practitioners will undoubtedly recall the NLRB’s well-publicized foray last year into the ongoing public debate surrounding whether certain college athletes should be considered compensated...more

NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech

by 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

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

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

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

Social Links: Google penalizes sites with pop-up ads; proposed Federal legislation to criminalize revenge porn; ad industry group...

Google is cracking down on mobile pop-up ads by knocking down the search-result position of websites that use them. The National Labor Relations Board decided a social media policy that Chipotle had in place for its...more

HR Tech and the Law: An Update

by Zelle LLP on

Over the past two years, we at the Navigator have been fascinated with all the new technology showing up in the workplace. We’ve repeatedly cautioned employers about the risks of adopting technology before understanding and...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

Employment Law Navigator – Week in Review: June 2016

by Zelle LLP on

Last week, Kris Dunn of Fist Full of Talent offered some sage advice about sexual harassment training. He recommended using real world examples and creating debate about what is and isn’t sexual harassment. This advice was...more

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

by 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

Employment Law Navigator – Week in Review: March 2016 #3

by Zelle LLP on

Last week, the EEOC announced that it is expanding its use of its electronic charge status system to allow the public “information online and on demand.” The system allows charging parties to check the status of their...more

#Concerted Activity in 140 Characters or Less

by 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

A Recipe for Burrito Disaster: Twitter and the NLRA

by LeClairRyan on

In Havertown, Pennsylvania, Chipotle recently had some negative publicity and, for once, E. coli was not the culprit. Instead, James Kennedy, a 38-year-old war veteran, was terminated from Chipotle, after criticizing the...more

NLRB, Social Media and the Right to Complain

by Baker Donelson on

The National Labor Relations Board recently ruled that Chipotle Mexican Grill violated the law when it forced an employee to delete certain posts on his Twitter account. James Kennedy had tweeted some unflattering statements...more

Does Employees’ Use of Apps Lead to Violations of Workplace Policies?

The constant and evolving release of new apps used by employees both personally and in the workplace continue to present challenges to employers in the implementation and execution of workplace policies designed to protect...more

Exercise Aniston-esque restraint when analyzing offensive employee posts

by FordHarrison on

This week’s employment law lesson comes to us from the movie Horrible Bosses. In the movie, Julia (played by Jennifer Aniston) is a dentist who employs dental assistant Dale (played by Charlie Day). After Julia uses her boss...more

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