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Organized Labor and Social Media Policies

While preparing for my presentation today on social media policies , I came a cross this great article by Seth Borden: Labor Disputes Arising out of Social Media . Having organized labor in your workforce will complicate the creation and enforcement of a social media policy. Potential unionizing...

Employees May Not "Like" You on Facebook, But That's Not Grounds for Termination

by Krista N. H ardwick & Clay D. Creps An employer's right to monitor and restrict what its employees say about the company on websites such as Facebook, Twitter and personal blogs may have drastically changed. The National Labor Relations Board ("NLRB") has just surprisingly found...

How to Stay on the NLRB's "Friends" List

by Chrys A. Martin and Krista N. Hardwick You may recall that last November we told you about the Connecticut employer who faced NLRB charges for firing an employee who posted derogatory comments about the company on Facebook ( http://www.bullivant.com/Facebook-Not-Grounds-For-Termination ). Last week...

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...

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...

Three Ways for HR to Avoid Unlawful, Overbroad Social-Media Policies

Yesterday, the National Labor Relations Board announced in this press release that it had issued a second social-media report to help provide further guidance to practitioners and human resource professionals. The social-media memo, a copy of which you can obtain here , covers 14 cases, half of which...

Trying to Make Sense of the NLRB’s Lastest Social Media Missive? Good Luck!

I've now had a few days to digest the NLRB's latest foray into regulating social media in the workplace . I can sum up the NLRB's report in three words: What a mess. In a mere 35 pages, the NLRB appears to have ripped the guts out of the ability of employers to regulate any kind of...

Barran Liebman: The Latest and Not-So-Greatest Updates Regarding Social Media Policies

by Tamara Russell Just when most employers thought it was safe to enforce their social media policies, a recent report from the National Labor Relations Board ("NLRB") demonstrates that this area of the law is far from settled. The report, an "Operations Management Memorandum"...

By George! Here's an Angle on NLRB/Social Media That I Bet You Haven't Thought Of

Fellow blogger Jon Hyman , among others, has already written an eloquent critique of the latest report from the Office of the General Counsel of the National Labor Relations Board on social media and protected concerted activity, and Dan Schwartz has a good roundup of what labor lawyers are saying...

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...

A Good Example Of An Overly Broad Social Media Policy

Reuters is reporting that a union representing employees at a New York grocery chain has asked the NLRB to investigate whether the store's social media policy is violates employees' rights to engage in protected concerted activity under the National Labor Relations Act. According to the...

Union Files Complaint Over Social-Media Policy

UFCW Local 1500 filed a petition with the NLRB office in Brooklyn, NY, alleging that NY grocery chain Stop & Shop's social-media policy violates the National Labor Relations Act, reports Thomson Reuters . The unions takes issue with the policy, which it alleges is overbroad, impermissbily...

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...

The NLRB Acting General Counsel's third memo on social media: Not so fast

On May 30, 2012, Acting General Counsel ('AGC") Solomon issued his third memo on employer social media policies under the National Labor Relations Act. In that memo, he referenced the social media policies of several companies including General Motors. With respect to the General Motors'...

The NLRB's Dos and Don'ts for employer social media policies

The latest guidance on social media and protected concerted activity , issued last week by Lafe Solomon, Acting General Counsel of the National Labor Relations Board, is for the most part an unrealistic, hair-splitting mess. ("But Robin, tell us how you really feel about it!") However, there...

NLRB Signs Off on Employer Social Media Policy as Legal

It’s not news that employer social media policies are on the NLRB’s radar. What is newsworthy, though, is when the NLRB considers a social media policy and concludes that it does not unlawfully infringe on employees’ rights to engage in protected concerted activity under the National...