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...
The International Law Firm of Fulbright &
Jaworski - Labor and Employment
Patrick Finegan and Barbara
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...
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. Following Knauz Motors , we are starting to...
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 okayed a BMW dealership firing an employee who posted...
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.
Obviously, employers can't expressly ban...
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 General Counsel - have caught my eye.
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 I was completely entertained when reading it...
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 can short-circuit workplace problems by locking...
The National Labor Relations Board stresses
that employees must be able to discuss their jobs freely.
Labor Relations Board , which helps administer the provisions of the National
Labor Relations Act , believes that social-media policies are overly broad
if they unfairly restrict...
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, without court decisions on the question,
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. v. Granger , the judge found that several provisions...
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...