News & Analysis as of September 20, 2024

Social Media

+ Follow

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

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

The Labor Law Insider: Better Change Your Policies, Including Social Media

Husch Blackwell LLP on 9/13/2022

Labor Law Insider host Tom Godar welcomes two new Labor Law Insiders as they discuss the shifting standards applied by the National Labor Relations Board (NLRB) to traditional employment policies found in almost every...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

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

[Webinar] Return to Work Virtual Toolkit for Employers | Off-Duty Conduct: COVID-19 Parties and Social Media Ranting—What’s an...

McDermott Will & Emery on 7/30/2020

The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is forcing employers all over the world to consider various new policies as workers...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

Do You “Like” Me? Are We “Friends”? A Social Media Update For Employers

Constangy, Brooks, Smith & Prophete, LLP on 11/5/2019

Every company has faced challenges related to the social media presence of, or use by, prospective and current employees. This includes questions about off-duty conduct that spills over into the workplace, posting about terms...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

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

Employee Social Media and Employee Discipline – Caution

Ruder Ware on 2/21/2018

A number of companies have adopted social media policies that address the types of things employees can post on social media even if it is the employee’s private social media page. While companies have the right to protect...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

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

Employees’ Social Media Activity: Proceed with Caution

Burr & Forman on 6/14/2017

Given the prevalence of social media in our online culture, employers are forced to navigate the everchanging landscape of issues presented by the social media usage of their employees. What recourse does an employer have...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

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

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

McNees Wallace & Nurick LLC on 10/25/2016

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

FordHarrison on 8/23/2016

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

NLRB, Social Media and the Right to Complain

Baker Donelson on 3/18/2016

The National Labor Relations Board recently ruled that Chipotle Mexican Grill violated the law when it forced an employee to delete certain posts on his Twitter account. James Kennedy had tweeted some unflattering statements...more

Does Employees’ Use of Apps Lead to Violations of Workplace Policies?

Robinson+Cole Data Privacy + Security Insider on 2/24/2016

The constant and evolving release of new apps used by employees both personally and in the workplace continue to present challenges to employers in the implementation and execution of workplace policies designed to protect...more

45 Results

View per page

Page: of 2

National Labor Relations Board › Employment Policies › Social Media

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