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Seyfarth Shaw LLP

Maryland State Government Employee’s Job Duties Reinstated after Demotion Following Facebook Post

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Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers....more

Parker Poe Adams & Bernstein LLP

NLRB Says Facebook Comments About Workplace Safety Remain Protected

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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

Seyfarth Shaw LLP

EEOC Argues that Sexual Orientation Discrimination by a Heterosexual Person can Constitute a Protected Activity

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In her appeal to the Fifth Circuit, Plaintiff Bonnie O’Daniel argues that the trial court wrongly concluded that it was unreasonable for O’Daniel to believe that a complaint about discrimination based on sexual orientation...more

Proskauer - Labor Relations Update

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

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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

Parker Poe Adams & Bernstein LLP

Expletive-Laced Facebook Rant Protected Under Federal Labor Law

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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

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

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

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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

Obermayer Rebmann Maxwell & Hippel LLP

Every Manager and Their Mother: Second Circuit Shields Social Media Insults against Supervisor and His Entire Family

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On Friday, April 21, 2017 a Second Circuit Court of Appeals panel affirmed a National Labor Relations Board ruling that a catering company server was wrongfully terminated for making an obscene and vicious Facebook post that...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…

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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

Morrison & Foerster LLP - Social Media

The Second Circuit Tackles Employee Rights, Obscenities & Social Media Use

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Employers took note last year when the National Labor Relations Board (NLRB) ruled that “liking” a Facebook post can qualify as protected activity under the National Labor Relations Act (NLRA). The NLRB held that the owner of...more

Zelle LLP

That is SO last week - October 2015 #4

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Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

Parker Poe Adams & Bernstein LLP

NLRB Rejects Profane Employee Facebook Rant as Grounds for Termination

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For decades, the National Labor Relations Board has recognized boundaries on employees’ rights to engage in activity protected under federal labor laws. While employees have been granted leeway to engage in heated or...more

Cozen O'Connor

NLRB Still “Likes” Expansive Employee Speech

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Unlike many issues, it seems that at least one issue (so far) has the NLRB on the same page as a recent court decision: whether clicking “like” on Facebook amounts to substantive, protectable speech. In my earlier blog posts...more

Littler

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

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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

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