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Facebook The National Labor Relations Act Section 7

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

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

Fisher Phillips on

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

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

Mintz - Employment Viewpoints

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

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

Seyfarth Shaw LLP

NLRB Finds Employee’s Facebook Posts Critical of Union Protected

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Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a union member’s criticisms on Facebook of the union that represented him were protected by the NLRA. On February 7, 2017, in Laborers’ International Union of...more

Miles & Stockbridge P.C.

What’s Good for the Goose…

Over the past few years, the National Labor Relations Board (NLRB) has taken issue with employers that discipline employees over Facebook and other social media postings. The NLRB allows employees to discuss wages and other...more

Seyfarth Shaw LLP

NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech

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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

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

NLRA Protections for Derogatory Statements and Four-Letter Words Attacking a Company and its Managers

Littler on

More and more employers, union and non-union alike, are getting ensnared in efforts by the National Labor Relations Board (NLRB or “Board”) to aggressively expand employee rights under the National Labor Relations Act...more

Holland & Knight LLP

Restaurant Forced to Rehire Employees Who Insinuated Food was Germ-Infested - Section 7 of the NLRA Guarantees Workers the Right...

Holland & Knight LLP on

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

Dorsey & Whitney LLP

#Concerted Activity in 140 Characters or Less

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

Sheppard Mullin Richter & Hampton LLP

Second Circuit Holds That Facebook “Like” May Be Concerted Activity Under Section 7 of the NLRA

The Second Circuit recently released a summary order in Three D, LLC v. NLRB affirming the National Labor Relations Board’s (the Board) ruling that a Facebook “like” can be construed as concerted activity under Section 7 of...more

Kelley Drye & Warren LLP

The Second Circuit “Likes” the NLRB’s Reasoning

Kelley Drye & Warren LLP on

In recent years, the National Labor Relations Board has tended to protect employees’ social media activity against employers. A few weeks ago, the Second Circuit upheld a decision of the National Labor Relations Board...more

McAfee & Taft

Facebook ‘like’ considered protected activity

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Employers know that when it comes to employees discussing employment issues on social media, it is best for employers to tread carefully. A recent federal court of appeals decision confirmed that even a simple Facebook “like”...more

Seyfarth Shaw LLP

Dislike Employees’ Facebook “Likes”? Fire Away at Your Own Risk

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On October 21, 2015, the Second Circuit Court of Appeals upheld the ruling of the National Labor Relations Board (“Board”) decision in Triple Play Sports Bar and Grill, 361 NLRB No. 31 (2014). The employer, Triple Play, had...more

Genova Burns LLC

Second Circuit Finds Facebook “Likes” Protected Under NLRA

Genova Burns LLC on

On October 21, 2015, the Second Circuit clarified in Triple Play Sports Bar and Grille v. National Labor Relations Board that protections provided under Section 7 of the National Labor Relations Act (“NLRA”) encompass...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Upholds That Facebook "Likes" Can Be Protected, Concerted Activity

On October 21, 2015, the Second Circuit upheld the National Labor Relations Board’s (NLRB) earlier ruling that clicking the Facebook “Like” button can be protected concerted activity. The Triple Play Sports Bar & Grill fired...more

BakerHostetler

Weigand v. N.L.R.B: A Double Standard for Social Media?

BakerHostetler on

On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more

McAfee & Taft

Employer beware: NLRA rulings often conflict with existing employer policies

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One of the biggest misconceptions employers have is that the National Labor Relations Act (NLRA) only applies to unionized employers. As a result, employers may hear of an adverse ruling from the National Labor Relations...more

Littler

NLRB's Recent Triple Play Decision Tackles Two Critical Social Media Issues for Employers

Littler on

With the intersection between cutting-edge social media and the Depression-era National Labor Relations Act (NLRA or the Act) still relatively new, employers are looking for answers to some fundamental questions when it comes...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2012 Year in Review

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more

Patterson Belknap Webb & Tyler LLP

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more

Fisher Phillips

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

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The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more

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