Labor and Employment Law

Recent Posts

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

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

The NLRB Is Laughing All the Way to the Bank
Posted on 1 Jun 2012 by Margaret (Molly) DiBianca

NLRB's Acting G.C. Lafe Solomon issued his third report on social media earlier this week. (PDF). And what a fervor it caused! What a frenzy! Twitter was all atwitter with excitement over the promise of some meaningful guidance on the interplay... Read More

NLRB Releases Report on Social Media Cases
Posted on 19 Aug 2011 by Jon Hyman

Are you curious about how the NLRB has been handling cases that involve allegations of employees disciplined or terminated for social media activities, or allegations of overly broad social media policies that could infringe on employees rights to... Read More

Unlawful to Fire Employee for Facebook Rant?
Posted on 31 Mar 2011 by Williams Mullen

Editor: Heath H. Galloway Facebook is everywhere, and its implications for employers can be maddening. It is one thing to prevent your employees from using Facebook while they are at work, but what control do you have over what your employees say on... Read More

NLRB Finally Gives Some Real-World Guidance on Social Media as Protected, Concerted Activity
Posted on 7 Sep 2011 by Jon Hyman

In the NLRB's final act before the long Labor Day weekend, an Administrative Law Judge in Buffalo, NY, issued his decision in Hispanics United -the first written decision in an NLRB case involving social media to result in an ALJ decision following... Read More

Darrell VanDeusen Discusses Social Media and the Workplace. Be Afraid, Be Very Afraid.
Posted on 15 Mar 2011 by LexisNexis Legal Business Community Staff

On this edition, Darrell R. VanDeusen of Kollman & Saucier, P.A. in Timonium, Md. discusses legal restrictions on electronic communications and social media in the employment arena, recent caselaw, and what is different about the private sector. He... Read More

The Social Media Trifecta – The SHRM, Nielsen and NLRB Reports – Part Three
Posted on 19 Oct 2011 by Ashley Kasarjian

Jumping back into part three of the trifecta, addressing the impact of social media on the policies and practices of companies, the NLRB released a report detailing 14 cases from the past year - many of which I covered in Employment and the Law . I... 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 Board... 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

Social Media and the NLRB: Getting Both Sides of the Story
Posted on 5 Oct 2011 by John Holmquist

When the media first began covering the NLRB's settlements involving discipline of employees for using Facebook, the impression that was given was that the settlements reflected established NLRB policy. In reality, the settlements were no more... Read More

Unlawful to Fire Employee for Facebook Rant?
Posted on 31 Mar 2011 by Williams Mullen

Editor: Heath H. Galloway Facebook is everywhere, and its implications for employers can be maddening. It is one thing to prevent your employees from using Facebook while they are at work, but what control do you have over what your employees say... Read More

NLRB Judge Holds Nonprofit Unlawfully Discharged Employees For Facebook Posts
Posted on 20 Sep 2011 by John Holmquist

A National Labor Relations Board Administrative Judge has found that a Buffalo nonprofit unlawfully discharged employees after they posted Facebook comments about working conditions including work load and staffing. Click here for NLRB site announcement... Read More

Organized Labor and Social Media Policies
Posted on 12 Oct 2010 by Doug Cornelius

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... Read More

NLRB Signs Off on Employer Social Media Policy as Legal
Posted on 27 Apr 2015 by Jon Hyman

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... Read More