Header graphic for print
Workplace Privacy, Data Management & Security Report

Tag Archives: NLRA

Another Employer’s Social Media Policy Is Found Unlawful By An NLRB Administrative Law Judge

Written by Michael Bertoncini The National Labor Relations Board (“NLRB”) continues to be active in its review of employer social media policies. In recent years, the NLRB’s review of social media policies has focused largely on whether an employee would reasonably construe the language of the policy as prohibiting him or her from engaging in… Continue Reading

No First Amendment Protection for Police Officer’s Facebook Rant, a Reminder of the Risks of Employee Activity in Social Media

If you are a public sector employer, you may be particularly interested in an article written by my fellow shareholder and practice group member, Marlo Johnson Roebuck. She writes about a recent case, Graziosi v. City of Greenville, involving a police department’s decision to terminate a police officer for statements she made on Facebook. As… Continue Reading

Third Social Media Report From NLRB Acting General Counsel

Today, the NLRB‘s Acting General Counsel posted a third report regarding social media issues which have been brought to the agency. The cases discussed in this report should provide further guidance to employers struggling with developing strategies for using social media in their business, developing employee policies regulating activity in social media, and enforcing those policies…. Continue Reading

NLRB Acting General Counsel Issues Opinion On Social Media and the NLRA

An August 18, 2011, NLRB Memorandum helps to outline contours of what constitues protected concerted activity under NLRA Section 7. Of course, examination and analysis of the facts at issue, is critical, along with prudent advice from expert labor counsel. This post, however, discusses some of the helpful guidance concerning some popular policy provisions that if not adequately defined or limited could run afoul of Section 7 rights.

Florida’s New “Sexting” Law Makes it Criminal for Minors to Transmit Sexually Explicit Materials Electronically

Florida has joined 20 other states have enacted legislation addressing teen sexting. Because employees frequently transmit these materials using their employer’s networks, retail, entertainment, hospitality and other industries that traditionally employ large numbers of younger workers may soon get dragged into criminal proceedings because of “sexting” by their younger workers.

Addressing Social Media Use–Recent Ruling on Students’ Social Networking Reaffirms Need for Policies and Training

Co-Author:  Joseph J. Lazzarotti The pervasiveness of social media in professional and everyday communication is a hot button issue (discussed at length here), particularly for private and public employers and organizations.  In fact, many organizations have adopted, or are considering adopting, social media policies for employees and providing training for how employees should interact in… Continue Reading

NLRB Focus Remains on Social Media

Written by Ron Sgambati Seemingly intent on making sure it is perceived as current, if not trendy, today’s National Labor Relations Board (NLRB) has continued to demonstrate an avid interest in social media. Not only is it paying attention to new media in all its forms, but it is also actively participating, with a Facebook page, a… Continue Reading

A New NLRB May Mean New Concerns Regarding Social Media

Co-authored with Marty Payson The combination of “social media” and the “workplace” raises many traps for the unwary employer: Can we use social media when hiring? Can employees be prohibited from using social media at work? Can we monitor employees use of social media? What are the essential elements of a social media policy? As with… Continue Reading