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Employees May Not "Like" You on Facebook, But That's Not Grounds for Termination

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 ("NLRB") has just surprisingly found...

NLRB Finally Gives Some Real-World Guidance on Social Media as Protected, Concerted Activity

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 a hearing. In Hispanics United , five employees...

NLRB Judge Holds Nonprofit Unlawfully Discharged Employees For Facebook Posts

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. Following a co-worker's comments on Facebook...

Social Media and the NLRB: Getting Both Sides of the Story

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 than that; the employer position in a given case...

The Social Media Trifecta – The SHRM, Nielsen and NLRB Reports – Part Three

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 this report awhile back, but never got around...

Facebook Firing Causes Unfair Labor Practice Double Play For NLRB

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 restrictive [an enhanced version of this...