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Social Media Policy › The National Labor Relations Act › Employee Handbooks

Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media... more +
Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media accounts and profiles. The development and enforcement of Social Media Policies can be a controversial issue. For example, some Social Media Policies have been subjected to scrutiny by the National Labor Relations Board for being reasonably interpreted as discouraging "protected concerted activity."  less -
Fisher Phillips

Is It Time for Change? 5 Reasons Your Dealership May Want to Change Your Employee Handbook for 2023

Fisher Phillips on

‘Tis the season for change. The weather is changing. The leaves are changing (or have changed). Twitter is changing. The political landscape is changing. Employment laws have changed or will be changing. The calendar will be...more

Fisher Phillips

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

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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

Jaburg Wilk

Arizona Employers Need to Update Employee Handbooks

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Employment law changes and evolves. Best practice for employers is to have an experienced employment attorney review and update their employee handbook to be in compliance with labor laws. At a minimum, the following areas...more

Cozen O'Connor

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

Cozen O'Connor on

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

Foley & Lardner LLP

Employer Handbook Policies Violate the National Labor Relations Act

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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

Littler

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

Littler on

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

Seyfarth Shaw LLP

NLRB Tells Employers to Mind their Own Business

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Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

Seyfarth Shaw LLP

Guidance On Handbooks, Policies, And Social Media Guidelines – Employers’ Attempts to Protect Themselves Too Much Can Lead to Loss...

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Seyfarth Synopsis: The NLRB orders employer to cease and desist from maintaining numerous provisions in its Social Networking Guideline and provisions in the Handbook related to social media, privacy, and confidentiality, and...more

Fisher Phillips

Dealership Handbooks Remain In The NLRB's Crosshairs

Fisher Phillips on

As we advised almost a year ago, the National Labor Relations Board (NLRB) has recently been subjecting dealership handbooks to increased legal scrutiny. Whether or not your dealership is unionized, your employment policies...more

Allen Matkins

Surprise! NLRB Approves Employer’s Challenged Social Media Policy

Allen Matkins on

In somewhat of a surprise, recently the NLRB affirmed an Administrative Law Judge’s decision, which had rejected the NLRB General Counsel’s challenge to a portion of an employer’s social media policy as unlawful. The...more

Holland & Knight LLP

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

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The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

Pierce Atwood LLP

NLRB Gets Busy – Part 2 NLRB Incursion Into Non-Unionized Workplace

Pierce Atwood LLP on

In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the...more

FordHarrison

Legal Alert: NLRB Strikes Down Employer's Handbook Policies

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On the same day as the D.C. Circuit Court of Appeals determined President Obama's recess appointments are unconstitutional, the NLRB continued its assault on workplace rules and employee handbook policies. See DirecTV U.S....more

Holland & Knight LLP

NLRB’s Actions in 2012 Highlight Critical Labor Issues for Nonunion Employers

Holland & Knight LLP on

In 2012, the National Labor Relations Board (NLRB or Board) aggressively staked out positions on employment policies and practices prevalent in both union and nonunion workplaces. These issues include social media policies...more

Fisher Phillips

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

Fisher Phillips on

The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more

Bradley Arant Boult Cummings LLP

2013 Is Here – Are You “Employment Ready”

Bradley Arant Boult Cummings LLP on

As we presented at our December 2012 Breakfast with Bradley program, the governmental agencies responsible for the enforcement of the employment laws and regulations continue to expand their reach by issuing pro employee...more

Fisher Phillips

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

Fisher Phillips on

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

Pillsbury - Internet & Social Media Law Blog

Say What? NLRB Provides Guidance For Social Media Policies

Pillsbury - Internet & Social Media Law Blog on

In a series of important rulings, the National Labor Relations Board ("NLRB") has provided guidance regarding the extent to which private employers may regulate aspects of an employee's social media activities consistent with...more

Manatt, Phelps & Phillips, LLP

Social Media Update - The NLRB Upholds Employer-Friendly Ruling in First Decision Involving Firing Over a Facebook Posting

Manatt, Phelps & Phillips, LLP on

As a powerful tool to reach a wide audience and a vehicle for users to reveal otherwise private information, social media creates fertile ground for litigation, particularly in the employment and labor context. In the first...more

Pierce Atwood LLP

NLRB Says Facebook Firing is Lawful, But Social Media Policy is Not

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The National Labor Relations Board (NLRB) recently issued its first decision regarding an employee’s termination due to posts on Facebook. The decision, a mixed bag for employers, demonstrates—again—the NLRB’s increasing...more

Littler

Social Media Policies in the NLRB's Crosshairs

Littler on

Between the summer of 2011 and the spring of 2012, the Acting General Counsel of the National Labor Relations Board (NLRB), Lafe Solomon, published three Advice Memos that expressed his views on the application of the...more

Franczek P.C.

NLRB Finds That Employer Lawfully Fired Employee Over Facebook Posts, But Its Courtesy Policy Violated The NLRA

Franczek P.C. on

On October 1, 2012, the National Labor Relations Board (NLRB) issued another decision addressing the intersection between the National Labor Relations Act (the Act), social media, and handbook policies prohibiting...more

Proskauer - Labor Relations

Update: NLRB Upholds Termination For Facebook Posting, But Nails Employer For Unrelated Handbook Policy

Proskauer - Labor Relations on

The NLRB has received a lot of attention for its actions the last couple years. One of the storms was caused by the agency’s attention to employer actions based on employee Facebook postings. More to the point, employers were...more

Ballard Spahr LLP

Employee’s Facebook Posting Not Protected Activity, Says NLRB

Ballard Spahr LLP on

The National Labor Relations Board’s most recent decision demonstrates that not all employee social media posts are protected by the National Labor Relations Act. Questions remain, however, about the extent to which employees...more

Morgan Lewis

NLRB Strikes Down Employee Handbook Language and Issues First Social Media Decision

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Continuing its aggressive foray into nonunion workplaces, the NLRB has weighed in on social media and employee handbook issues, finding certain language to be unlawful under Section 8(a)(1) of the National Labor Relations...more

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