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...
A. Martin and Krista N.
You may recall that last November we told you about the
Connecticut employer who faced NLRB charges for firing an employee who posted
derogatory comments about the company on Facebook ( http://www.bullivant.com/Facebook-Not-Grounds-For-Termination ).
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...
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...
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 fired the employee for a violation of its Electronic...
Yesterday, the National Labor Relations Board announced in this press release that it had issued a second social-media
report to help provide further guidance to practitioners and human resource
professionals. The social-media memo, a copy of which you can obtain here , covers 14 cases, half of which...
I've now had a few days to digest the NLRB's latest foray into regulating social media in the
workplace . I can sum up the NLRB's report in three words: What a mess.
In a mere 35 pages, the NLRB appears to have ripped the
guts out of the ability of employers to regulate any kind of...
by Tamara Russell
Just when most employers thought it was safe to enforce
their social media policies, a recent report from the National Labor Relations
Board ("NLRB") demonstrates that this area of the law is far from settled. The
report, an "Operations Management Memorandum"...
Jon Hyman , among others, has already written an eloquent critique of the
latest report from the Office of the General Counsel of the National Labor
Relations Board on social media and protected concerted activity, and Dan
Schwartz has a good roundup of what labor lawyers are saying...
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...
Reuters is reporting that a union representing employees at
a New York grocery chain has asked the NLRB to investigate whether the store's
social media policy is violates employees' rights to engage in protected
concerted activity under the National Labor Relations Act.
According to the...
UFCW Local 1500 filed a petition with the NLRB office in
Brooklyn, NY, alleging that NY grocery chain Stop & Shop's social-media
policy violates the National Labor Relations Act, reports Thomson
Reuters . The unions takes issue with the policy, which it alleges is
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 by an administrative law
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,
On May 30, 2012, Acting General Counsel ('AGC") Solomon issued his third memo on employer social media policies under the National Labor Relations Act. In that memo, he referenced the social media policies of several companies including General Motors. With respect to the General Motors'...
The latest guidance on social media and protected concerted activity , issued last week by Lafe Solomon, Acting General Counsel of the National Labor Relations Board, is for the most part an unrealistic, hair-splitting mess. ("But Robin, tell us how you really feel about it!") However, there...
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...