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

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

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

All Employers Beware: The Long Arm of the NLRB – New Employer Posting Requirements and Protection of Employee Communications on Facebook, Twitter and YouTube"
Posted on 14 Sep 2011 by Norton Rose Fulbright

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... 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

Does the NLRB "Like" Your Social Media Policy?
Posted on 9 Jun 2014 by Barran Liebman LLP

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... Read More

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
Posted on 29 Sep 2011 by Norton Rose Fulbright

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... Read More

Facebook Firing Causes Unfair Labor Practice Double Play For NLRB
Posted on 26 Aug 2014 by Jon Hyman

In Triple Play Sports Bar & Grille [pdf] , the NLRB unanimously concluded that an employer unlawfully fired two employees for their off-duty Facebooking, and less-than unanimously concluded that the same employer’s social media policy was unlawfully... Read More

Baseball Has a New Social Media Policy. And It May Be Unlawful.
Posted on 16 Mar 2012 by Eric Meyer

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... Read More

NLRB Administrative Law Judge Splits the Baby in Ruling on a Social Media Policy
Posted on 4 Apr 2012 by Jon Hyman

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... Read More

The Social Media Trifecta – The SHRM, Nielsen and NLRB Reports – Part One
Posted on 11 Oct 2011 by Ashley Kasarjian

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... Read More