Labor and Employment Law

Recent Posts

Enforce Your Social Media Policies Evenly. Otherwise, It’s Bloggy-Blog Time.
Posted on 30 Sep 2015 by Eric Meyer

An employee who was allegedly fired for violating a company’s social media policy is going to have his day in court. And on this blog. Chris Redford, a white male, worked for a Louisiana TV news station. The station has a social media policy... Read More

Social Media Woes for School Districts
Posted on 3 Jan 2012 by Margaret (Molly) DiBianca

Teachers' use of social media continues to make headlines. NPR reported on a recent incident in New Jersey, involving Union High School teacher, Viki Knox. Knox was suspended in response to outrage surrounding comments she'd posted on her... Read More

Publishing Disciplinary Actions on Twitter
Posted on 10 Jan 2014 by Philip Miles

Just a quick post to introduce readers to Police Chief David O. Brown . He announces disciplinary actions and terminations (and the basis for them) on Twitter. For example: I have terminated 911 Call Taker Moises Limon today for driving while under... Read More

Why We Put Plaintiffs to Their Proof
Posted on 26 Feb 2014 by Jon Hyman

Because of the relative newness of the issue, it always seems newsworthy when the NLRB issues a social-media decision. World Color (USA) Corp. (NLRB 2/12/14) [ an enhanced version of this decision is available to subscribers ], however, is much... Read More

Employers Might Not “Like” This Protected Concerted Activity Decision
Posted on 26 Oct 2015 by Jon Hyman

Does the National Labor Relations Act protect the mere act of an employee clicking the “Like” button on Facebook? According to Triple D, LLC v. NLRB (2nd Cir. 10/21/15) [pdf] , the answer is yes [subscribers can access an enhanced version... Read More

Is the NLRB backing off its position on social media as protected, concerted activity?
Posted on 10 Jan 2012 by Jon Hyman

A quartet of advice memos released by the NLRB's Office of the General Counsel over the past weeks suggests that the NLRB may be backing of its extreme protections of employee social media posts as protected, concerted activity. In Children's... Read More

Pennsylvania Bar Association Formal Opinion: Ethical Obligations for Attorneys Using Social Media
Posted on 30 Oct 2014 by Philip Miles

The PBA Ethics Committee issued a formal opinion on Ethical Obligations for Attorneys Using Social Media (HT: Dan Siegel on Legal Intelligencer ). The opinion is jam-packed with 18 pages of social media goodness on 10 main issues. Spoiler Alert! The committee... Read More

Some Social Media Stats to Get You Thinking This Week
Posted on 17 Oct 2011 by Jon Hyman

This time next week, I'll be in Denver to speak about workplace social media issues at the annual Meritas Litigation and Labor & Employment Conference. In preparing for my session, I came across the following statistics (taken from a recent... Read More

California Passes Comprehensive Social-Media Privacy Laws
Posted on 7 Sep 2012 by Margaret (Molly) DiBianca

California is now the third state to pass legislation banning employers from requesting or requiring the social-networking passwords of employees and applicants. The bill was passed by the state Assembly on Wednesday, reports the WSJ Blog . Maryland was... Read More

The EEOC and Social Media: Late to the Party?
Posted on 14 Mar 2014 by John Holmquist

The EEOC held a public meeting yesterday that examined how social media is being used in the work place and how it may impact the enforcement of the laws by the EEOC. Public hearings are rare; in the last two years, the Commission has held hearings on... Read More

Social Media Posts and Concerted Activity
Posted on 15 Aug 2011 by GreenbergTraurig

by Eric Sigda In the last several months, the National Labor Relations Board ("NLRB") has attracted attention by issuing complaints against employers who disciplined or discharged employees for posting comments on Facebook or other social... Read More

Employees May Not "Like" You on Facebook, But That's Not Grounds for Termination
Posted on 17 Nov 2010 by Bullivant Houser Bailey PC

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... Read More

That's What They Said: Facebook "Like" Under the First Amendment, Same-Sex Marriage Benefits, Plus a Carnival
Posted on 19 Sep 2013 by Eric Meyer

Now, where did I put the mustard for my deep fried Red Bull battered Twinkie dog? (Like I would ever use ketchup for that?!?) While I search for the spicy brown, I'll get you caught up on the latest employment-law news... Over at the Wall Street... Read More

Facebook Posts Too Insubordinate, Lose NLRA Protection
Posted on 5 Nov 2014 by Philip Miles

Yesterday, I covered the NLRA and concerted protected activity in my employment law class at Penn State. Here's the text from one of my slides: Protected Concerted Activity • Concerted - acting in “concert” with other employees... Read More

One State Is Banning Personal Use of Social Media at Work
Posted on 26 Jan 2015 by Doug Esten

Wait, seriously? Yep. No employee of the State of South Carolina will be allowed to use social media on the job, "unless specifically required by the agency to perform a job function." Cassie Cope at first reported this news... Read More