News & Analysis as of September 21, 2024

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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 -

UPDATE: Fifth Circuit Affirms NLRB Ruling In Tesla Case, Ordering Elon Musk to Delete Union-Related Tweet

Proskauer - Labor Relations Update on 4/4/2023

On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated the...more

Top Five Labor Law Developments for May 2022

Jackson Lewis P.C. on 6/16/2022

1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more

#No Filter: Regulating an Employer’s Social Media Posts

Cozen O'Connor on 5/26/2022

In this special edition of #No Filter, we will examine a recent May 20, 2022 decision from the Third Circuit Court of Appeals impacting the limits of permissible speech on social media. This time, however, we examine attempts...more

Court gets the joke: Twitter "threat" didn't violate NLRA

Constangy, Brooks, Smith & Prophete, LLP on 5/24/2022

I still think an emoji would have helped. A couple of years ago, I posted about a decision from an administrative law judge who found that Ben Domenech, co-founder and Executive Officer of FDRLST Media, LLC, and publisher...more

Tesla and Musk Get a Shock from the NLRB – Tesla CEO Ordered to Delete Union Tweet and Eliminate Overly Broad Confidentiality...

Proskauer - Labor Relations Update on 4/2/2021

In its March 25 decision, the NLRB unanimously held that: (1) Tesla violated the National Labor Relations Act (“NLRA”) after prohibiting employees from talking to the media; (2) Tesla did not violate the Act by calling...more

NLRB: Employer Tweet Unlawfully Restrained Protected Activity

Proskauer - Labor Relations Update on 11/30/2020

On November 24, 2020, the Board held that a high-level executive’s tweet violated Section 8(a)(1) of the NLRA by interfering with or restraining employees’ protected, concerted activity....more

When Twitter Fingers Cross a Line: An Employer’s Guide to Navigating Offensive Off-Duty Employee Conduct

Miles & Stockbridge P.C. on 6/15/2020

You don’t need a legal blog to tell you that the country is in a state of extreme unrest regarding the killings of George Floyd, Ahmaud Arbery, Breonna Taylor and so many other Black people, at the hands of police and in...more

Don’t Feed The Trolls: What Employers Can Do To Combat Internet Trolls

Fisher Phillips on 5/10/2017

...The internet has forever changed the way information is shared. The rapid-fire online patter produces comments and information that could be both helpful and harmful to an employer and its employees. On the one hand, such...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

Labor Day Wouldn’t Be Labor Day Without New NLRB Decisions

Proskauer - Labor Relations Update on 9/2/2016

The onset of Labor Day and the end of the NLRB fiscal year (September 30) one can count on seeing a number of decisions issued. This year is no different, and perhaps more are being issued during these last few days because...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

#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

Quirky Question #279: Concerted Activity in 140 Characters or Less

Dorsey & Whitney LLP on 5/25/2016

Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. ...more

#Concerted Activity in 140 Characters or Less

Dorsey & Whitney LLP on 3/28/2016

Employees have increasingly voiced concerns on social media regarding their employment, often including specific statements about their employers. As previously discussed on this blog, an employee’s Facebook post related to...more

Discipline Based on Social Media Activity – An Update

Zelle LLP on 11/6/2015

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

What’s in a Like?

Morrison & Foerster LLP - Social Media on 11/5/2014

In the pre-Facebook era, the word “like” was primarily a verb (and an interjection sprinkled throughout valley girls’ conversations). Although you could have likes and dislikes in the sense of preferences, you could not give...more

NLRB Continues Aggressive Crackdown on Social Media Policies

Mintz - Employment, Labor & Benefits... on 9/4/2014

In the past few years the National Labor Relations Board (“NLRB”) has taken an increased interest in whether workplace policies prohibiting employees from discussing the terms and conditions of their employment on social...more

At Least The Unicorn Won’t Sue You

Greenberg Glusker LLP on 9/17/2013

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

Twitter: Employee Who Complained about Sexual Harassment via Twitter Fired

Mintz - Employment, Labor & Benefits... on 4/9/2013

Adria Richards is a self-described “endlessly enthusiastic technology evangelist.” While attending a large technology conference in Santa Clara, California, Ms. Richards overheard two men sitting behind her making a series...more

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

Akerman LLP - HR Defense on 3/21/2013

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

National Labor Relations Board on Employer Social Media Policies

Pillsbury - Internet & Social Media Law Blog on 3/14/2013

As use of social media continues to increase, so do concerns by employers regarding employee use of social media as it relates to the workplace. In response, many employers are drafting new or revised policies covering use of...more

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