Fulbright Forum – All Employers Beware: The Long Arm of the NLRB – New Employer Posting Requirements and Protection of Employee Communications on Facebook, Twitter and YouTube

The International Law Firm of Fulbright & Jaworski - Labor and Employment William Patrick Finegan and Barbara Jean D'Aquila Recent activity of the National Labor Relations Board (NLRB) reminds non-union employers that the long arm of the National Labor Relations Act (NLRA) reaches...

Hot Dog! Another Social Media Decision from the NLRB (and Employers Should Pay Attention)

A few weeks ago, an NLRB Administrative Law Judge issued the agency's first-ever decision debating the legalities of terminating employees for social media activities under federal labor laws. Karl Knauz Motors, Inc. (9/28/11) [pdf] is the second. Following Knauz Motors , we are starting to...

Pyrrhic Victory: Judge OK's Firing for Facebook Post, But...

Last week, a National Labor Relations Board Administrative Law Judge (ALJ) ruled, for the first time, that an employer could legally fire an employee based on Facebook activity. In Karl Knauz Motors, Inc. d/b/a Knauz BMW and Robert Becker , the ALJ okayed a BMW dealership firing an employee who posted...

NLRB Social Media Memo Part IV - Overly Broad Policies

This post has been a long time coming... but at long last it's the final post in the four-part series on the NLRB's social media memo . This post will address the NLRB's position on (what it views as) overly broad social media policies. Obviously, employers can't expressly ban...

The Social Media Trifecta – The SHRM, Nielsen and NLRB Reports – Part One

There has been so much talk lately about the future of social networking and the need for a well-drafted social media policy that I can hardly keep up. Good thing I don't have to. Several reports - from SHRM, Nielsen, and the NLRB Office of the General Counsel - have caught my eye. Together,...

The Social Media Trifecta – The SHRM, Nielsen and NLRB Reports – Part Two

Part two of the trifecta is the Nielsen State of Social Media Report . It focuses on how powerful social media is on consumer behavior . This report is a little less law and a little more social media , but I wanted to include it in this summary because I was completely entertained when reading it...

Social Media and Privacy Cannot Coexist

During my appearance on The Sound of Ideas to discuss social media in the workplace , NLRB General Counsel Lafe Solomon made an interesting point about the accessibility of employees' social media by employers. The question arose as to whether employees can short-circuit workplace problems by locking...

Baseball Has a New Social Media Policy. And It May Be Unlawful.

The National Labor Relations Board stresses that employees must be able to discuss their jobs freely. The National Labor Relations Board , which helps administer the provisions of the National Labor Relations Act , believes that social-media policies are overly broad if they unfairly restrict...

Second ALJ Decision on Social-Media Policies Under the NLRA

The lawfulness of employer's social-media policies under the National Labor Relations Act (NLRA) continues to be a hot topic. Although the position of the National Labor Relations Board (NLRB) continues to be hostile towards these policies. And, without court decisions on the question, employers...