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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 -
FordHarrison

EntertainHR: Michigan’s Miscue—Is Your Company Ready for a Social Media Scandal?

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Only a few days after being hired by the University of Michigan’s football program as the assistant director of football recruiting, Glenn Schembechler (son of longtime Michigan head coach Bo Schembechler) resigned after his...more

Husch Blackwell LLP

NLRB Provides Employees Extra Leeway to Use Offensive Language

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On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers and United Steelworkers, making it more difficult for employers to discipline employees for outbursts and similar misconduct...more

Husch Blackwell LLP

The Labor Law Insider: Better Change Your Policies, Including Social Media

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Labor Law Insider host Tom Godar welcomes two new Labor Law Insiders as they discuss the shifting standards applied by the National Labor Relations Board (NLRB) to traditional employment policies found in almost every...more

Bradley Arant Boult Cummings LLP

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It

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Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace....more

Proskauer - Labor Relations Update

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

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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

Seyfarth Shaw LLP

The End of an Era? NLRB Holds Lawful Employer’s Rules Restricting Employee Communications on Social Media, But This Pro-Employer...

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Seyfarth Synopsis: Last week, the NLRB held in a 2-1 decision that an employer’s rules restricting certain types of employee communications on social media were lawful under the NLRA. However, the Board panel was sharply...more

Seyfarth Shaw LLP

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

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Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

Faegre Drinker Biddle & Reath LLP

NLRB Expands Employer Options for Social Media and Non-Disparagement Rules

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With the COVID-19 emergency impacting employers’ operations and the way employees work, more and more employees may start taking to social media to vent their opinions about work and current events (sometimes intertwining the...more

Fisher Phillips

Best Practices For Addressing Negative Social Media Posts Caused By The COVID-19 Pandemic

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As the COVID-19 pandemic continues, the healthcare industry is understandably fraught with unease and uncertainty. This, coupled with the ubiquity of social media, creates challenges for healthcare providers facing public...more

Jaburg Wilk

Threatening Employees on Social Media is No LOL Matter

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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

FordHarrison

Live-Streaming Coaches: A Lesson on Workplace Recordings

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What on earth are these players thinking? We now have our third noteworthy example from the last few years of a player live-streaming his coach’s postgame victory speech on a social media platform....more

Constangy, Brooks, Smith & Prophete, LLP

Do You “Like” Me? Are We “Friends”? A Social Media Update For Employers

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Every company has faced challenges related to the social media presence of, or use by, prospective and current employees. This includes questions about off-duty conduct that spills over into the workplace, posting about terms...more

Cohen & Gresser LLP

Can Employers get a Grip on Griping? Not all Gripes are Created Equal…

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Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace.  They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on...more

Goulston & Storrs PC

Social Media Policies: Protection for “Water Cooler” Discussions in the Digital Age

Goulston & Storrs PC on

As discussed in an earlier blog post, conflict between retail employers and their employees over the use of social media platforms such as Facebook and Twitter is increasingly common....more

Sherman & Howard L.L.C.

Facebooking Misappropriated Employer Form Is Not Protected Activity

Sherman & Howard L.L.C. on

On June 11, 2018, the National Labor Relations Board (Board) Division of Advice applied the Board’s new Boeing standard for assessing employer policies. The Division advised that an employer did not violate the NLRA when it...more

Ruder Ware

Employee Social Media and Employee Discipline – Caution

Ruder Ware on

A number of companies have adopted social media policies that address the types of things employees can post on social media even if it is the employee’s private social media page. While companies have the right to protect...more

McNees Wallace & Nurick LLC

Social Media in the Workplace: More Changes Ahead?

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In days past employees discussed and debated workplace issues around the water cooler. That sentimental past-time has long since been replaced by online social media networking and the reach of social media is stunning....more

Troutman Pepper

Termination For Social Media Activity May Result In Unemployment Compensation Benefits

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Q. Our Company just terminated an employee for a social media post that was in violation of our social media policy. Will she be entitled to unemployment compensation benefits? ...more

Cozen O'Connor

I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination

Cozen O'Connor on

Good faith and timing means everything in employment law. This episode of Employment Law Now provides an update from DC, discusses questions employers should be asking in today’s climate of troubling sexual harassment news,...more

Womble Bond Dickinson

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

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John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Burr & Forman

Employees’ Social Media Activity: Proceed with Caution

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Given the prevalence of social media in our online culture, employers are forced to navigate the everchanging landscape of issues presented by the social media usage of their employees. What recourse does an employer have...more

Tonkon Torp LLP

Employer Cannot Fire Employees For Obscenity-Laced Facebook Posts During Union Organizing Campaign

Tonkon Torp LLP on

Section 7 of the National Labor Relations Act protects employees who engage in concerted activities for purposes of collective bargaining or for mutual aid and protection. How far that protection extends was tested in NLRB v....more

Orrick - Employment Law and Litigation

Oh F**k: Employee’s Profane Facebook Post is Protected Activity

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On April 21, 2017, the Second Circuit Court of Appeals upheld a National Labor Relations Board (NLRB or Board) ruling that an employer violated the National Labor Relations Act (NLRA or Act) when it discharged a catering...more

Mintz - Employment Viewpoints

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

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The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit...more

McNees Wallace & Nurick LLC

Why after-hours social media posts can still spell on-the-job trouble

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

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