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Social Media Policy › Protected Concerted Activity › Section 7

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 -
Seyfarth Shaw LLP

The End of an Era? NLRB Holds Lawful Employer’s Rules Restricting Employee Communications on Social Media, But This Pro-Employer...

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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

Cohen & Gresser LLP

Can Employers get a Grip on Griping? Not all Gripes are Created Equal…

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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

Baker Donelson

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

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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

Sheppard Mullin Richter & Hampton LLP

NLRB Issues Important Decision Regarding What Constitutes “Protected Concerted Activity” in Union and Union-Free Environments...

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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

Polsinelli

NLRB Releases Advice Memos Approving Employer Work Rules Under New Boeing Standard

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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

Bradley Arant Boult Cummings LLP

Sneaky Section 7 Traps for the Unwary Employer

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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

Dechert LLP

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

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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

Fisher Phillips

Digital Disruptions: Handling Social Media Misuse By Students And Educators

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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

Mintz - Employment Viewpoints

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

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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

Kelley Drye & Warren LLP

Does Your Social Media Policy Apply Globally?

Kelley Drye & Warren LLP on

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

Arnall Golden Gregory LLP

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

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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

Parker Poe Adams & Bernstein LLP

NLRB Says Social Media Policy Cannot Prohibit Employees from Posting Pictures of Company Uniforms

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At least for now, the National Labor Relations Board (NLRB) continues its assault on employer social media policies. In a recent Board decision, G4S Secure Solutions (USA), Inc., the majority declared a variety of policies...more

Baker Donelson

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

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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

Parker Poe Adams & Bernstein LLP

Federal ALJ Says NLRA Also Protects Employee Social Media Use from Union Interference

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Employers are well aware of the National Labor Relations Board’s increasingly aggressive prosecution of employers accused of violating employee rights by attempting to restrict their social media interactions. Earlier this...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

Parker Poe Adams & Bernstein LLP

NLRB Says Employees Spreading Inaccurate Information is Protected Conduct

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Yet another chapter in the National Labor Relations Board’s assault on employer social media policies. Earlier this month, the Board rejected Chipotle’s policy that prohibited employees from “posting incomplete, confidential,...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

Parker Poe Adams & Bernstein LLP

The NLRB Continues to Monitor Social Media Policies

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According to this EmployNews report, the National Labor Relations Board continues to interpret the National Labor Relations Act to prohibit social media policies that restrict employees’ ability to publically complain about...more

Dorsey & Whitney LLP

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

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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

Parker Poe Adams & Bernstein LLP

Social Media Policy Cannot Prevent Employee from Negative Responses to Customer Tweets

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The National Labor Relations Board continues to interpret Section 7 of the NLRA to prevent employers from adopting social media policies that restrict employees’ ability to publically complain about their terms and conditions...more

Parker Poe Adams & Bernstein LLP

Second Circuit Affirms NLRB View That Facebook "Likes" Are Protected Concerted Activity

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Last week, the Second Circuit Court of Appeals backed the National Labor Relations Board’s position that employee social media postings are protected concerted activity under federal law, even if they use obscenities that...more

Seyfarth Shaw LLP

Dislike Employees’ Facebook “Likes”? Fire Away at Your Own Risk

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On October 21, 2015, the Second Circuit Court of Appeals upheld the ruling of the National Labor Relations Board (“Board”) decision in Triple Play Sports Bar and Grill, 361 NLRB No. 31 (2014). The employer, Triple Play, had...more

Franczek P.C.

NLRB Punishes Employer for Past Unlawful Handbook Policies Despite Employer’s Attempt to Repudiate

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In Boch Imports, Inc., the National Labor Relations Board (NLRB) found that the employer, a car dealership, violated the National Labor Relations Act because the dealership’s social media and dress code policies were...more

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