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Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Foley & Lardner LLP

Time is ‘TikTok’-ing — ‘Being Real’ About Preemptively Addressing Employees’ Confidentiality and Privacy Breaches on Social Media

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The newest and hottest forms of social media — TikTok and BeReal — pose similar risks to an employer’s workplace as did the “old” forms, like Snapchat, Instagram, and Facebook; namely, that employees can unintentionally (or...more

Saul Ewing LLP

Profane Facebook Message Protected Under The NLRA

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Last week, the Second Circuit held that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who had posted a profane and vulgar message on Facebook that insulted a manager and urged...more

Arnall Golden Gregory LLP

AGG Litigation Insights Newsletter - Fall 2016

Social media is everywhere, and while it gives businesses an unprecedented opportunity to reach a record number of consumers at a minimal cost, it can prove to be a double edged sword when disgruntled employees or customers,...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

Littler

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

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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

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

Baker Donelson

NLRB, Social Media and the Right to Complain

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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

Robinson+Cole Data Privacy + Security Insider

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

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

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - December 2015

In this month's highlights, a federal court rules that insurance coverage was triggered for the defense of garment hang tag "advertisements" in a trademark/copyright and unfair competition lawsuit…the California Supreme Court...more

Kelley Drye & Warren LLP

The Second Circuit “Likes” the NLRB’s Reasoning

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In recent years, the National Labor Relations Board has tended to protect employees’ social media activity against employers. A few weeks ago, the Second Circuit upheld a decision of the National Labor Relations Board...more

Sheppard Mullin Richter & Hampton LLP

[Event] Sheppard Mullin's Labor & Employment Year In Review - Nov. 19th, New York, NY

Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including: Where We've Been and Where We're Going: Key legislative developments and leading court...more

Baker Donelson

Social Media Compliance Policies: Your Company Needs One

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Use of social media is ubiquitous in today's society. This is astounding when you think back to 2004 and realize that social media did not exist then. Fast forward ten years and by September 2014, 58% of all American adults...more

Littler

Second Circuit Upholds NLRB's Triple Play Decision, Expanding Section 7 Protections for Employees' Social Media Activity

Littler on

Obscenities alone—even when viewed by an employer's customers—do not deprive employees engaged in protected concerted activity of the National Labor Relations Act's ("NLRA" or the "Act") protections. So held the U.S. Court...more

Maynard Nexsen

Tricks or Treats: Human Resources Challenges Ahead

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Halloween is traditionally a time for “trick or treating.” For human resource professionals, many days can be Halloween-like, filled with unexpected events or career rewards. Recently, dozens of HR professionals participated...more

Morrison & Foerster LLP - Social Media

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Allen Matkins

Surprise! NLRB Approves Employer’s Challenged Social Media Policy

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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

Kelley Drye & Warren LLP

What All Employers Can Learn from Ellen Pao’s Resignation from Reddit

You might have been following the latest news on Ellen Pao, the interim CEO of Reddit, who just resigned her position last week. Ms. Pao was also the plaintiff in a high profile sexual harassment lawsuit against her former...more

Allen Matkins

Is Your Social Media Policy Overbroad?

Allen Matkins on

The NLRB’s Office of the General Counsel recently published an advice memorandum regarding an employer’s social media policy that provides yet another example of the NLRB’s disapproval of policies that use overbroad language...more

BakerHostetler

Weigand v. N.L.R.B: A Double Standard for Social Media?

BakerHostetler on

On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more

Franczek P.C.

NLRB Finds Employee’s Extremely Profane Facebook Post was Protected Concerted Activity

Franczek P.C. on

The National Labor Relations Board recently demonstrated how far it will go to protect employees in the name of protected concerted activity. In Pier Sixty, LLC, an employee took to Facebook to call his manager a...more

McAfee & Taft

NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

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Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary...more

Cozen O'Connor

Latest NLRB Social Media Guidance – Helpful or More Confusing?

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It’s been a little while since we talked about the NLRB and its feelings on “protected concerted activities” and social media policies. After all, there are other social media and employment law issues worth considering from...more

Parker Poe Adams & Bernstein LLP

Think Twice Before Firing an Employee for Facebook Posts

Social media continues to play an important role in all aspects of a company’s internal and public communications. Companies are utilizing social media to make SEC disclosures, coordinate targeted advertising and marketing...more

Fenwick & West LLP

“Egregious” Insubordinate Facebook Post not Protected by NLRA

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The National Labor Relations Board (“NLRB”) upheld a San Francisco nonprofit’s decision not to rehire two employees due to their Facebook conversation. In Richmond District Neighborhood Center, the nonprofit ran an...more

Parker Poe Adams & Bernstein LLP

Employers Finally Win NLRB Facebook Case

Over the past several years, EmployNews has dutifully reported decision after decision from the National Labor Relations Board concluding that employees’ use of Facebook and other social media sites to complain about work,...more

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