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

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 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

Social Media and Privacy Cannot Coexist
Posted on 13 Oct 2011 by Jon Hyman

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... Read More

A Good Example Of An Overly Broad Social Media Policy
Posted on 2 Apr 2012 by Jon Hyman

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... Read More

Hot Dog! Another Social Media Decision from the NLRB (and Employers Should Pay Attention)
Posted on 3 Oct 2011 by Jon Hyman

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... Read More

The NLRB's Dos and Don'ts for employer social media policies
Posted on 9 Jun 2012 by Robin Shea

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... Read More

Trying to Make Sense of the NLRB’s Lastest Social Media Missive? Good Luck!
Posted on 30 Jan 2012 by Jon Hyman

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... Read More

Union Files Complaint Over Social-Media Policy
Posted on 2 Apr 2012 by Margaret (Molly) DiBianca

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... Read More

Recent NLRB Ruling Appears to Employ Shades of Gray (or is that Blue?) to Protectability of Social Media Communications
Posted on 1 Nov 2011 by Jon Hyman

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... Read More

Three Ways for HR to Avoid Unlawful, Overbroad Social-Media Policies
Posted on 26 Jan 2012 by Eric Meyer

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... Read More

The NLRB Acting General Counsel's third memo on social media: Not so fast
Posted on 8 Jun 2012 by John Holmquist

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... Read More