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Lowenstein Sandler LLP

Private Employer May Terminate Employee for Racially Insensitive Social Media Post

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Last week the New Jersey Appellate Division affirmed the dismissal of a lawsuit by an employee who alleged she had been wrongfully terminated based on her controversial Facebook post. In so doing, the court held that the...more

Foster Garvey PC

Intellectual Property Rights in the Crosshairs as Lawsuits Involving Disney and Facebook Surface

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- What will the “Endgame” be for the lawsuit between Walt Disney Company and former Marvel comic book creators? In the spring of this year, a host of famed artists and illustrators of Marvel characters such as Iron Man,...more

Constangy, Brooks, Smith & Prophete, LLP

Social Media PSA For Employees And Employers

Only YOU can prevent a social media firestorm. My Facebook page is a snooze. Two members of my immediate family do not want their existence to be acknowledged on the internet. I almost never post anything, except to wish...more

Baker Donelson

To Post or Not to Post: NLRB, Social Media & the Workplace

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At the core of federal labor law is an employee's right to engage in concerted activities for the purpose of mutual aid and protection, even if it is not a union shop. ...more

Seyfarth Shaw LLP

NLRB Publishes Advice Memo Finding that Company Maintained Unlawfully Overbroad Work Rules But Did Not Violate NLRA By Discharging...

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Seyfarth Synopsis: The NLRB’s Division of Advice recently released an Advice Memorandum finding that a security company’s work rules were unlawfully overbroad, but that the company did not violate the National Labor Relations...more

Benesch

NLRB Advice Memoranda Provides Guidance on Employer Work Rules and Social Media

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The National Labor Relations Board released a series of advice memoranda this week, two of which applied the new Boeing test to determine if a company rule or policy unlawfully restricts employees’ Section 7 right to engage...more

Obermayer Rebmann Maxwell & Hippel LLP

Employers Beware: Can You Legally Terminate an Employee for a Controversial Facebook Post?

In this era of social media, it has become quite common for employees to post information online about their personal lives, their political views, and information related to their jobs. Social networks have increasingly...more

Manatt, Phelps & Phillips, LLP

New Advice Memos From NLRB on Facebook Posts

Why it matters - In a new advice memoranda from the National Labor Relations Board (NLRB) Office of the General Counsel, the general counsel considered whether an employee at H&M Construction engaged in protected concerted...more

Parker Poe Adams & Bernstein LLP

NLRB Says Facebook Comments About Workplace Safety Remain Protected

Despite changes to the composition of the National Labor Relations Board over the past year, the NLRB’s position with regard to protection of employee social media discussions remains unchanged. Last month, the NLRB affirmed...more

Sherman & Howard L.L.C.

Facebooking Misappropriated Employer Form Is Not Protected Activity

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

Seyfarth Shaw LLP

General Counsel Dishes Up Advice on 43 Charges, Including Google’s Decision to Terminate an Employee for Harassment and a Union’s...

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Seyfarth Synopsis: In some early spring cleaning, last week the NLRB’s Office of General Counsel released 43 memos authored by its Division of Advice meant to provide guidance to regional offices on pending charges. Here are...more

McNees Wallace & Nurick LLC

Social Media in the Workplace: More Changes Ahead?

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

Proskauer - Labor Relations Update

Two Employees, Social Media, An Unlawful Policy ... What Could Possibly Go Wrong?

The advent of social media resulted in a feverish effort by the NLRB to keep up with new technology. In reality, the legal standard for evaluating whether conduct is protected concerted activity did not change. Rather, all...more

Fisher Phillips

Digital Disruptions: Handling Social Media Misuse By Students And Educators

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Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

Morrison & Foerster LLP - Social Media

Social Links: Court disallows firing over Facebook page rant; Ether threatens Bitcoin’s reign as top digital currency; NBA slam...

One year since agreeing with the European Commission to remove hate speech within 24 hours of receiving a complaint about it, Facebook, Microsoft, Twitter and YouTube are removing flagged content an average of 59% of the...more

Pullman & Comley - Labor, Employment and...

Second Circuit Identifies Outer Limits of NLRA-Protected Speech

The National Labor Relations Act (NLRA) generally prohibits employers from retaliating against employees based on their union-related activities or for taking concerted action to improve the terms and conditions of their...more

Burr & Forman

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

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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

Tonkon Torp LLP

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

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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

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

Second Circuit Rules on Bounds of Protected Concerted Activity

In a case at the edges of protected employee conduct during a union organizing drive, the Second Circuit Court of Appeals last week found that an employee’s expletive-laden Facebook post cursing out his boss—and his boss’s...more

Fisher Phillips

Don’t Feed The Trolls: What Employers Can Do To Combat Internet Trolls

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...The internet has forever changed the way information is shared. The rapid-fire online patter produces comments and information that could be both helpful and harmful to an employer and its employees. On the one hand, such...more

Parker Poe Adams & Bernstein LLP

Expletive-Laced Facebook Rant Protected Under Federal Labor Law

Many people have fanaticized about telling their boss what they really think about him or her. Fortunately, most employees have the good sense not to write down what they are thinking about their employer....more

Orrick - Employment Law and Litigation

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

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

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

!@#$% Vote Yes for the UNION! Facebook Post Protected by the NLRA? Second Circuit Says Yes

In National Labor Relations Board v. Pier Sixty, LLC, No. 15-1841 (April 21, 2017), the Second Circuit upheld the National Labor Relations Board’s (NLRB) finding that an employee’s Facebook post, although “vulgar and...more

Zelle  LLP

Employment Law Navigator – Week in Review: May 2017

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Last week, we saw several developments in the area of race discrimination in employment, including a Second Circuit decision that has generated media coverage and commentary. The Second Circuit’s ruling reversed a lower court...more

Seyfarth Shaw LLP

Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother F***er” and “F***...

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Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee....more

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