NLRA, Social Media, Employment Policies

EntertainHR: Can Employers Do That? The Limits of Free Speech

FordHarrison on 1/17/2024

Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in...more

NLRB Establishes New Work Rule Standard: Time to Revise Handbooks and Policies

Foley & Lardner LLP on 8/29/2023

On August 2, 2023, the National Labor Relations Board (NLRB or “Board”) published an opinion regarding employer work rules. That opinion in the Stericycle and Teamsters Local 628 matter clarified that employer work rules that...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

Ticktock It's Time to Be Real About Social Media in the Workplace: How Institutions of Higher Education Can Develop Social Media...

Venable LLP on 4/6/2023

Debates concerning the pros and cons of social media usage are not new, but have recently resurfaced with more fervor, gaining attention at the national level. The renewed focus on social media usage may serve as a reminder...more

Supreme Leak: NLRA Rights

Verrill on 5/12/2022

For blog followers, you likely saw last week’s post reminding you to revisit your confidentiality policies in the wake of the leaking of the Supreme Court’s draft opinion in Dobbs v. Jackson Women’s Health, as well as our...more

2021: A Progress Report

FordHarrison on 4/21/2021

I want to discuss how things go sideways in your workplace when people invest in conclusions that resist contrary explanations grounded in reality. If you have an employee who follows QAnon, you don’t necessarily have a...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

NLRB Finds Social Media Policies Lawful, Sheds Light on Impact of Boeing

Proskauer - Labor Relations Update on 1/15/2021

As we have discussed before, several years ago, the Board instituted a significant paradigm shift in analyzing the lawfulness of employers’ handbook policies in relation to employees’ Section 7 rights, when it issued its...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

Politics in the workplace: A volatile combination!

Constangy, Brooks, Smith & Prophete, LLP on 10/30/2020

On the eve of Election Day, what can employers do to keep their workplaces from exploding? What workplace speech is protected by the First Amendment or the National Labor Relations Act? When do political social media posts...more

Election Season and the Workplace, Part 1: Employee “Free Speech” and Political Activities

Proskauer - Law and the Workplace on 10/5/2020

With Election Day just around the corner, we’ll be highlighting some of the issues facing employers in a two-part series on elections and the workplace. In this first installment, we’ll look at employee protections around...more

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

Seyfarth Shaw LLP on 9/28/2020

Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

Five Issues for Employers to Consider as Political and Social Activism Surges in the Workplace

Hinshaw & Culbertson - Employment Law... on 9/23/2020

Six months into a global pandemic, employers across the United States continue to deal with a series of new economic realities. More employees are working from home, with companies continuing to reevaluate their business...more

Employment Law Now IV-65- The Great Debate Part 2: Employee Lawyer vs. Employer Lawyer

Cozen O'Connor on 4/17/2020

This is Part 2 of Mike Schmidt's 2-part episode pitting employee/plaintiff-side lawyer Hope Pordy, Esq. against employer/defendant-side lawyer Jeremy Glenn, Esq. to finish debating some interesting HR topics....more

NLRB Updates Guidance on Social Media Policies

Faegre Drinker Biddle & Reath LLP on 11/7/2019

The National Labor Relations Act (NLRA) protects the rights of employees to come together to address conditions of employment with or without a union. Those protections extend to certain work-related conversations conducted...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

[Podcast]: Can-My-Employees Participate in Political Activities?

Proskauer - Law and the Workplace on 2/26/2019

In this episode of the “Can My Employees Do That?” series, partner Elise Bloom and associate Michelle Gyves discuss whether employers can lawfully limit an employee’s participation in political activities, protests, and...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

Do Not Cut and Paste - Why Your Company Needs Tailored Social Media Policies and Procedures

K&L Gates LLP on 6/22/2018

The advent of social media has changed the way we communicate with the world. Companies and individuals alike now have powerful and unmediated platforms from which to broadcast any information they choose. This widespread use...more

Raging Bull: Getting Beat Up On Glassdoor?

Seyfarth Shaw LLP on 3/28/2018

Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and...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

Political Speech, Discrimination and the Law: How Employers Should Respond to Charlottesville

Obermayer Rebmann Maxwell & Hippel LLP on 8/23/2017

The recent tragic events in Charlottesville, Virginia and other news regarding the activities of white supremacists and similar groups, have served as a rude awakening for many that our national reality has shifted. These...more

No Union Protection for Employees “Sick” Over No Paid Absences

Bradley Arant Boult Cummings LLP on 8/1/2017

Can employees protest a company sick leave policy with an internet meme that suggests the company’s food is not safe? Not according to a recent Eighth Circuit decision. MikLin (doing business as Jimmy John’s in Minnesota)...more

The National Labor Relations Act › Social Media › Employment Policies

"My best business intelligence, in one easy email…"