Social Media, Protected Concerted Activity, Popular

Can You Fire Someone For Racist Tweets?

Zuckerman Spaeder LLP on 6/5/2018

On May 29, Roseanne Barr posted a tweet comparing former Obama adviser Valerie Jarrett to an ape. ABC’s reaction was swift and decisive: it fired Barr and cancelled her show. ABC’s decision led to pontification from...more

Profane Facebook Message Protected Under The NLRA

Saul Ewing LLP on 4/26/2017

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

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

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

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

The Second Circuit “Likes” the NLRB’s Reasoning

Kelley Drye & Warren LLP on 11/16/2015

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

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

Littler on 10/30/2015

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

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

Morrison & Foerster LLP - Social Media on 10/15/2015

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

Hold that Friend Request: Legal Traps in a Post-Facebook Work Environment

Burr & Forman on 8/25/2015

Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefits: stronger relationships between employees and management; a sense of collegiality; instant updates on...more

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

Kelley Drye & Warren LLP on 7/19/2015

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

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

BakerHostetler on 5/4/2015

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

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

Franczek P.C. on 4/14/2015

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

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

McAfee & Taft on 4/7/2015

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

Social Media › Protected Concerted Activity › Today's Popular Updates

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