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.
Continue Reading NLRB Acting General Counsel Issues Opinion On Social Media and the NLRA
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.
Continue Reading Florida’s New “Sexting” Law Makes it Criminal for Minors to Transmit Sexually Explicit Materials Electronically
Pending Social Media-Related Cases at All 52 NLRB Regional Offices
NLRB Acting General Counsel Lafe E. Solomon offered some insight into the NLRB’s interest in Social Media earlier this month when he spoke at the Annual Conference on Labor at New York University. During his presentation, Solomon revealed that every one of the 52 NLRB regional offices across the country has at least one pending
Addressing Social Media Use–Recent Ruling on Students’ Social Networking Reaffirms Need for Policies and Training
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 cyberspace. But what
NLRB Continues to Focus on Social Media
With the Wall Street Journal reporting that the NLRB has more than two dozen cases involving worker complaints aired on the social media site Facebook, the Board is struggling to address some of the issues social media creates in the workplace.
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Ban On Employer Demands For Worker, Applicant Website Passwords–Maryland
The Maryland Senate recently referred Senate Bill 971 which prohibits Maryland employers from demanding that workers and job applicants turn over their passwords to specific websites or web-based accounts. 
Under the bill, employers would be prohibited from refusing to hire applicants and disciplining, terminating, or taking other adverse employment action against employees who refuse to provide
Resigtered Nurse Fired for Facebook Posting While Treating Patients
Registered nurse terminated for posting on Facebook while dispensing medication to a patient loses unemployment claim. Reason: employers’ written electronic communication policy.
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NLRB Focus Remains on Social Media
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 YouTube
“Tagged” Facebook Photos Admissible as Evidence
Trying to keep up with the fast-moving world of social media, the Kentucky Court of Appeals has ruled that “tagged” or captioned photographs posted on Facebook may be admitted as evidence. The ruling in the case has implications for employers. In LaLonde v. LaLonde, the appellant-wife objected to the trial court’s admitting into evidence photographs
Ex-Employee’s Blogs Can’t Be Stopped Absent Extraordinary Circumstances, New York Court Rules
A NY court refuses to order a former employee to stop blogging about his former employer because the court could find no extraordinary circumstance that would overcome constitutional protections, despite the individual’s signing an agreement during his employment to maintain the confidentiality of confidential business information.
Continue Reading Ex-Employee’s Blogs Can’t Be Stopped Absent Extraordinary Circumstances, New York Court Rules