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

by 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 beyond union settings. Indeed, on August 25, 2011, the NLRB announced a Final...

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...

Recent NLRB Ruling Appears to Employ Shades of Gray (or is that Blue?) to Protectability of Social Media Communications

A employee responded to a supervisor's LinkedIn request with the following joke: "f**ktard." More than a year later, the company discovered the "f**ktard" post while establishing its own corporate LinkedIn site. After the company fired the employee for a violation of its Electronic...

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...

NLRB Administrative Law Judge Splits the Baby in Ruling on a Social Media Policy

Anytime any piece of the NLRB takes action with regard to an employer's social media policy, it's newsworthy (even if you're getting tired of reading about it). Such is the case with G4S Secure Solutions (USA) Inc. (3/29/12) [pdf] , decided by an administrative law judge. At issue...

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...

Does the NLRB "Like" Your Social Media Policy?

A recent decision from the National Labor Relation Board's ("NLRB's") Division of Judges further exemplifies the NLRB's proactive approach in scrutinizing both union and non-union employers' social media policies. In Kroger Co. v. Granger , the judge found that several provisions...