News & Analysis as of

Administrative Law Judge (ALJ) Social Media Social Media Policy

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

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

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

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

Allen Matkins on

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

Akerman LLP - HR Defense

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB ALJ Issues Additional Social Media Guidance in Dish Network Corporation

The National Labor Relations Board (the NLRB or Board) and its administrative law judges continue to scrutinize employers’ social media policies, with additional guidance being released almost weekly. In a case involving Dish...more

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