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 of a social media policy. Potential unionizing...
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...
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 also looks at a NLRB case involving an ambulance...
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 Facebook when they are not at work? Can you discipline...
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 engage in protected concerted
activities? The NLRB...
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...
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
here for NLRB site announcement. Following a co-worker's
comments on Facebook...
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...
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...
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 National Medical Center [pdf] , the General...
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 between the National Labor Relations Act (NLRA),...
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...
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 in protected concerted activity under the National...