NLRA, Social Media Policy, Protected Concerted Activity

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

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

Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]

McGlinchey Stafford on 10/16/2020

Election season is in full swing and the climate is certainly charged. In this episode of “More with McGlinchey,” Labor and Employment attorneys Mag Bickford, Rasch Brown, Camille Bryant, and Kathy Conklin discuss employees’...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

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

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

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

Baker Donelson on 5/22/2019

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

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

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

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

National Labor Relations Board Ends 2017 with a Flurry of Significant Decisions Reversing Recent Pro-Employee Precedents

Dechert LLP on 1/10/2018

Abandonment of Controversial Standards for Joint Employment and Review of Employer Policies Headline Slew of Changes - Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor...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

Memo From Labor Board’s Top Attorney Signals Change Is On Its Way

Fisher Phillips on 12/5/2017

The newly installed General Counsel for the National Labor Relations Board published a memorandum late last week indicating that the General Counsel is preparing to push to reverse many of the controversial positions taken...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

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

Cozen O'Connor on 8/21/2017

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Digital Disruptions: Handling Social Media Misuse By Students And Educators

Fisher Phillips on 7/15/2017

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

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

Mintz - Employment Viewpoints on 4/26/2017

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

Does Your Social Media Policy Apply Globally?

Kelley Drye & Warren LLP on 3/16/2017

The surprising EU perspective - Drafting a global social media policy is a balancing act. Employers need to protect their legitimate business interests, but must do so with respect for the employees’ rights to freedom of...more

The National Labor Relations Board’s Crackdown on Social Media Policies

Arnall Golden Gregory LLP on 12/15/2016

If your company has a social media policy in its handbook, that policy is in the crosshairs of the National Labor Relations Board (NLRB). The NLRB is the agency that enforces the National Labor Relations Act (NLRA), which,...more

NLRB Continues to "Like" Enforcement over Social Media Policies and Related Issues

Baker Donelson on 12/13/2016

In recent years, the National Labor Relations Board (NLRB) has focused attention on company policies that attempt to limit employee engagement in social media. Specifically, the NLRB has consistently taken the position that...more

NLRB Loses Its Lunch Over Chipotle’s Social Media Policy

Obermayer Rebmann Maxwell & Hippel LLP on 9/8/2016

On August 18, 2016, the National Labor Relations Board (NLRB) affirmed an administrative law judge’s (ALJ) March 14, 2016 ruling that Chipotle’s “Social Media Code of Conduct” violated the National Labor Relations Act (NLRA)....more

Employer Handbook Policies Violate the National Labor Relations Act

Foley & Lardner LLP on 9/2/2016

As we recently noted, the National Labor Relations Board (NLRB) is laser-like focused on scrutinizing employer personnel policies. In yet another example of this ongoing campaign, a recent administrative law judge (ALJ)...more

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

Littler on 8/30/2016

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

The National Labor Relations Act › Social Media Policy › Protected Concerted Activity

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