Social Media, Protected Concerted Activity, Employment Policies

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

FordHarrison on 6/7/2023

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

Employer Response Tips From Firing Suit Over Birdwatcher

Bradley Arant Boult Cummings LLP on 10/14/2022

No employer wants to make decisions based on an employee's social media activity. Everyone tells employees to keep their private life private and don't let it affect the job — right? Originally published by Law360 -...more

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

Seyfarth Shaw LLP on 1/13/2021

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

Employment Law Now IV-65- The Great Debate Part 2: Employee Lawyer vs. Employer Lawyer

Cozen O'Connor on 4/17/2020

This is Part 2 of Mike Schmidt's 2-part episode pitting employee/plaintiff-side lawyer Hope Pordy, Esq. against employer/defendant-side lawyer Jeremy Glenn, Esq. to finish debating some interesting HR topics....more

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

Cohen & Gresser LLP on 9/25/2019

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

Gonna Have To Face It: We’re Addicted to…Everything?! Digital Addictions In The Workplace

Fisher Phillips on 4/3/2019

Cell phones. Video games. YouTube. TV. iPads. Kindles. Online Gaming. Netflix. Hulu. Amazon Prime. Stream, click, stream, repeat. As the years go on, so too does the list of things to which people become addicted. Emerging...more

Employee Social Media and Employee Discipline – Caution

Ruder Ware on 2/21/2018

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

Social Media in the Workplace: More Changes Ahead?

McNees Wallace & Nurick LLC on 12/12/2017

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

Termination For Social Media Activity May Result In Unemployment Compensation Benefits

Troutman Pepper on 12/4/2017

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

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

Mintz - Employment Viewpoints on 4/26/2017

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

The National Labor Relations Board’s Crackdown on Social Media Policies

Arnall Golden Gregory LLP on 12/15/2016

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

Where’s the “Dislike” Button? 2nd Circuit Affirms Employee-Friendly Social Media Ruling

Obermayer Rebmann Maxwell & Hippel LLP on 11/6/2015

In my last post on HR legalist, I outlined the current state of the law regarding employee social media use. One trend I have been following is the National Labor Relations Board’s expansion of protections for employees who...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

Court “Likes” NLRB’s Determination that Facebook Posts Are Protected under the NLRA

Robinson & Cole LLP on 10/30/2015

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

Second Circuit Upholds NLRB Decision: Discharge of Employees for Facebook “Likes” Was Unlawful

Franczek P.C. on 10/29/2015

On October 22, 2015, the Second Circuit Court of Appeals affirmed the National Labor Relations Board’s (NLRB) decision that Triple Play Sports Bar and Grille (Employer) violated Section 8(a)(1) of the National Labor Relations...more

Second Circuit Says Facebook Profanity Directed at Employer is Protected - Employer Violated NLRA by Terminating Two Employees...

Holland & Knight LLP on 10/29/2015

In Three D, LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's (the Board) determination that the employer, Triple Play,...more

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