NLRA, Social Media Policy, Employer Liability Issues

[Webinar] The Race to 2024: Politics and Social Media in the Workplace and Employer Rights - March 19th, 9:00 am PT

Clark Hill PLC on 2/19/2024

Over the last several years, employers have seen and continue to see increased political activities from their employees at work and on social media platforms, including on business-related social media platforms, like...more

EntertainHR: Michigan’s Miscue—Is Your Company Ready for a Social Media Scandal?

FordHarrison on 6/7/2023

Only a few days after being hired by the University of Michigan’s football program as the assistant director of football recruiting, Glenn Schembechler (son of longtime Michigan head coach Bo Schembechler) resigned after his...more

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It

Bradley Arant Boult Cummings LLP on 1/27/2021

Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace....more

The End of an Era? NLRB Holds Lawful Employer’s Rules Restricting Employee Communications on Social Media, But This Pro-Employer...

Seyfarth Shaw LLP on 1/13/2021

Seyfarth Synopsis: Last week, the NLRB held in a 2-1 decision that an employer’s rules restricting certain types of employee communications on social media were lawful under the NLRA. However, the Board panel was sharply...more

A Dealership’s Guide To Social Media, Free Speech, And The Election

Fisher Phillips on 11/2/2020

You just learned that one of your employees expressed their opinion about the election on social media. Their unfiltered post includes slurs, and it is inflammatory at best. Had they made these same comments while at work,...more

NLRB Expands Employer Options for Social Media and Non-Disparagement Rules

Faegre Drinker Biddle & Reath LLP on 8/27/2020

With the COVID-19 emergency impacting employers’ operations and the way employees work, more and more employees may start taking to social media to vent their opinions about work and current events (sometimes intertwining the...more

Threatening Employees on Social Media is No LOL Matter

Jaburg Wilk on 6/25/2020

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

Can Employees Face Disciplinary Action For Their Social Media Posts?

Fox Rothschild LLP on 6/16/2020

Social media has long been an outlet for expression. With the current COVID-19 pandemic, the upcoming elections and the protests surrounding police brutality and racial injustice, social media has been an instrumental...more

Politics and the Workplace

Jaburg Wilk on 3/12/2020

Categories: Employment, Article The general election is looming, and politics are everywhere. Here is a general overview of the laws that apply to private employers to help them navigate this upcoming political season...more

Employment Flash - September 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 9/26/2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

Can Employers get a Grip on Griping? Not all Gripes are Created Equal…

Cohen & Gresser LLP on 9/25/2019

Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace. They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on...more

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

Obermayer Rebmann Maxwell & Hippel LLP on 1/25/2019

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

NLRB Issues Important Decision Regarding What Constitutes “Protected Concerted Activity” in Union and Union-Free Environments...

Sheppard Mullin Richter & Hampton LLP on 1/18/2019

In yet another case that impacts both union and non-union employers, the Republican-majority National Labor Relations Board (Board) overruled Obama-era precedent and substantially narrowed what is considered “protected...more

Social Media Policies: Protection for “Water Cooler” Discussions in the Digital Age

Goulston & Storrs PC on 11/27/2018

As discussed in an earlier blog post, conflict between retail employers and their employees over the use of social media platforms such as Facebook and Twitter is increasingly common....more

Will Your Workers Go On Strike This Week? What You Need To Know

Fisher Phillips on 10/3/2018

Employee walkouts and protests are likely to occur on a large scale starting yesterday and lasting through Thursday, spurred on by the union-supported “Fight for $15” movement and in anticipation of the upcoming midterm...more

NLRB Releases Advice Memos Approving Employer Work Rules Under New Boeing Standard

Polsinelli on 7/18/2018

On July 13, 2018, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released several memos authored by the Board’s Division of Advice, which offer further guidance to employers about how the Board...more

Treating the Cause, Not the Symptom: How to Avoid 10 Employment-Related Liabilities in the Health Care Industry

Williams Mullen on 5/23/2018

Companies of all shapes and sizes continually grapple with how to foster and maintain a productive, respectful work environment. Part and parcel of this objective is ensuring that the workplace complies with the various...more

Sneaky Section 7 Traps for the Unwary Employer

Bradley Arant Boult Cummings LLP on 4/18/2018

With only about 6.5 percent of workers in the private sector being represented by unions, many private sector employers pay little, if any, attention to the requirements of the National Labor Relations Act (NLRA)....more

In-House Counsel: How to Avoid Missteps in the Social Media Minefield

Ward and Smith, P.A. on 12/22/2017

While social media has become ubiquitous, attorneys are subject to particular restrictions online. During Ward and Smith’s 2017 In-House Counsel Seminar two attorneys reviewed some of the potential pitfalls in-house counsel...more

Social Media in the Workplace: More Changes Ahead?

McNees Wallace & Nurick LLC on 12/12/2017

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

Termination For Social Media Activity May Result In Unemployment Compensation Benefits

Troutman Pepper on 12/4/2017

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

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

Womble Bond Dickinson on 11/3/2017

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

The National Labor Relations Act › Social Media Policy › Employer Liability Issues