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Hiring & Firing Social Media Policy National Labor Relations Board

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -

Termination For Social Media Activity May Result In Unemployment Compensation Benefits

by Pepper Hamilton LLP on

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

I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination

by Cozen O'Connor on

Good faith and timing means everything in employment law. This episode of Employment Law Now provides an update from DC, discusses questions employers should be asking in today’s climate of troubling sexual harassment news,...more

Flipping Out Over Flipping Off: What Are the Limits on Regulating Employee Political Speech?

Around the end of October, a photo of a government contractor employee flipping the bird to President Trump’s motorcade went viral after the woman made it her profile picture on Facebook. She was subsequently fired for a...more

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

by Womble Bond Dickinson on

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

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

4th Circuit sets a match to battalion chief's First Amendment claims

by McNair Law Firm, P.A. on

Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more

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

Why after-hours social media posts can still spell on-the-job trouble

by McNees Wallace & Nurick LLC on

Many people think that only teenagers and twentysomethings are using Facebook, Twitter, Instagram, Snapchat, Pinterest, LinkedIn and Google Plus to interact with others. Not so....more

#Fired: Post a Tweet, Lose Your Job

by FordHarrison on

Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former...more

Workplace Policy Institute Insider Report — April 2016

by Littler on

This month's edition of Littler's Workplace Policy Institute Insider Report includes articles on the Administration's push to finalize rules before the November elections, legislative and litigation steps to thwart those...more

Legal Risks with Managing Employees in the Social Media Era

by Conn Maciel Carey LLP on

Social media continues to be a growing platform for applicants, employees, and employers to use for marketing, company branding, and employee engagement. As with any computer technology, the use of social media in the...more

A Recipe for Burrito Disaster: Twitter and the NLRA

by LeClairRyan on

In Havertown, Pennsylvania, Chipotle recently had some negative publicity and, for once, E. coli was not the culprit. Instead, James Kennedy, a 38-year-old war veteran, was terminated from Chipotle, after criticizing the...more

Personal Gripes v. Protected Concerted Activity: Where To Draw The Line Regarding An Employee’s Job-Related Complaint On Social...

by Allen Matkins on

threshold questionBy now, many people have heard about the Yelp/Eat24 employee who published a rant last month on social media platform Medium addressed to Company CEO Jeremy Stoppelman relating to how her entry-level...more

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

by Franczek Radelet P.C. on

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...

by Holland & Knight LLP on

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

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

15 For ’15: Employment And Labor Resolutions For The New Year

While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more

NLRB Shows Some Restraint in its Protection of Employee Social Media Communications: Employee Termination Arising From “Egregious”...

In the wake of the NLRB’s aggressive crackdown on social media policies, many employers have asked: “Is there any limit to what employees can post on social media about their employers?” It appears that there is. Just last...more

NLRB Finds Facebook Posts Go Too Far for the Act's Protection

As we reported previously, social media issues are troublesome for employers who must navigate unsettled or even conflicting federal and state laws and decisions. A recent ruling from the National Labor Relations Board...more

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks...more

NLRB 2013 Year in Review and 2014 Initiatives

by Holland & Knight LLP on

Key labor law developments of 2013 are reviewed here for employers to consider as they look ahead to National Labor Relations Board (NLRB) developments in 2014. Employers should prepare to respond to the NLRB's continued...more

What's in a "Like"? Precedent-Setting Case Poses New Risk for Employers

by Littler on

The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign...more

At Least The Unicorn Won’t Sue You

When not writing about the legal issues raised by my favorite TV shows, most of this blogger’s Law Law Land blogs have involved either employment law or social media issues. So you can imagine my sheer delight when the news...more

Facebook Discussion About "Street People" Protected

In a recent decision involving employee social media activity, the National Labor Relations Board held that a high-end clothing boutique in San Francisco violated the National Labor Relations Act when it terminated employees...more

Tweet, Follow, Or Get Out Of The Way: What All Employers Need To Know About Social Media In The Workplace

by Akerman LLP - HR Defense on

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media in the workplace has become a fact of life for all employers. Companies are learning that these once feared social media sites can be powerful marketing...more

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