Labor and Employment Law

Recent Posts

Second ALJ Decision on Social-Media Policies Under the NLRA
Posted on 13 Apr 2012 by Margaret (Molly) DiBianca

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... Read More

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

Are Meerkat and Periscope the “Next Big Thing” for Employers to Worry About?
Posted on 31 Mar 2015 by Jon Hyman

Have you downloaded Meerkat or Periscope to your iPhone? Do you even know what Meerkat and Periscope are? They are new apps that permit you to live-stream video. They essentially work the same way—when you launch a live-stream, the app tweets out... Read More

Instagram Post Lands Delaware Restaurant Manager In Hot Water
Posted on 22 Apr 2013 by Margaret (Molly) DiBianca

I've posted before about restaurant employees' Facebook posts that caused big headaches for their employers . I've also posted about trouble-causing Facebook posts by a saloon manager and by a tavern owner . Well, it seems that the trend... 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

NLRB Social Media Memo Part IV - Overly Broad Policies
Posted on 11 Oct 2011 by Philip Miles

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... 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

This Is What a Social-Media Policy in a Unionized Workplace Looks Like?
Posted on 15 Nov 2011 by Eric Meyer

Do you have a unionized workforce? If you have a social-media policy, it should not expressly restrict employees' rights to discuss terms and conditions of employment. Otherwise, you may be violating the National Labor Relations Act. And to... Read More

Oil & Water; Cats & Dogs; Teachers & Facebook
Posted on 30 May 2013 by John Holmquist

It seems fitting that the school ends with another story about educators and Facebook. In this case, an elementary school principal who had been with the district for 21 years resigned rather than face demotion, due in part to her Facebook postings... Read More

The Social Media Trifecta – The SHRM, Nielsen and NLRB Reports – Part Two
Posted on 13 Oct 2011 by Ashley Kasarjian

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... 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

Pyrrhic Victory: Judge OK's Firing for Facebook Post, But...
Posted on 4 Oct 2011 by Eric Meyer

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... Read More

820,000 reasons to have a social media policy
Posted on 23 Jul 2012 by Jon Hyman

Yesterday, I read an article entitled, Companies Should Think Twice Before Creating Social Media Policy , which argued that "companies who scrutinize their employees' personal accounts and social media activity may be doing more harm than good... 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 TheState.com first reported this news... Read More

Pennsylvania Law on Ownership of LinkedIn Accounts - COTW #136
Posted on 29 Mar 2013 by Philip Miles

The latest Case of the Week is the resolution of a case I've covered previously . The case is Eagle v. Morgan (memorandum with findings of fact and conclusions of law here) from the Eastern District of Pennsylvania federal court, applying Pennsylvania... Read More