In a recent employee termination case, the Third Circuit Court of Appeals recently upheld the dismissal of race discrimination claims by a bank employee who was terminated due to a social media post. Plaintiff, a Caucasian woman, was employed as a project manager in her employer’s wealth management department. In June 2018, a public news … Continue Reading
Recently, the National Labor Relations Board (NLRB), in a split decision 2-1, approved a California-based ambulance company’s implementation of a social media policy that prohibited employees from “inappropriate communications” related to the company. The NLRB’s ruling reversed a decision by an administrative law judge, back in October 2019, that concluded that the company’s social media … Continue Reading
Can we prohibit employees from making audio recordings at work? As advancements in technology continue to increase, and it becomes easier and easier for employees to surreptitiously record conversations, this inquiry is posed by many employers. In fact, we discussed this very question back in 2013. Unfortunately, the answer to this question is perhaps the most … Continue Reading
As discussed in an earlier post, shortly after the United States Postal Service reported a data breach potentially affecting hundreds of thousands of employees, the American Postal Workers Union filed an unfair labor practice with the National Labor Relations Board alleging the Postal Service should have bargained with the union over the impact and response to the … Continue Reading
We reported earlier that the National Labor Relations Board had been considering changing its previous position that “employees have no statutory right to use the[ir] Employer’s e-mail system for Section 7 purposes.” The NLRB’s position in this regard was established in 2007, under the NLRB’s ruling in Register Guard. Today, in Purple Communications Inc. and … Continue Reading
After being hit with a data breach, the last thing a company might want is the scrutiny of the union representing its employees affected by the incident. When the data breach potentially affecting hundreds of thousands of United States Postal Service employees was reported, it was not long after that the American Postal Workers Union … Continue Reading
The National Labor Relations Board has found that another employer (a non-union employer) violated its employees’ protected concerted activity rights under the National Labor Relations Act (NLRA) when it disciplined and fired them for certain social media activity. Our Labor Group provides an extensive analysis of this decision in Triple Play Sports Bar and Grille, 361 NLRB No. 31 … Continue Reading
You’ve just finished your email, electronic communications, social media and/or BYOD policies for employees assuming, among other things, that you did not have to permit employees to use company-provided communication systems for nonwork-related purposes, such as to fulfill certain union-related purposes or other “protected concerted activities” under for Section 7 of the National Labor Relations … Continue Reading
The U.S. Equal Employment Opportunity Commission (EEOC) just announced they will be holding a meeting on March 12, 2014 to discuss the use of social media in the workplace and its impact on the enforcement of equal employment opportunity laws. According to the EEOC’s announcement, the participants will address a range of issues, including recruitment … Continue Reading
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 activity protected by Section … Continue Reading
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
Disciplining an employee for secretly recording a meeting with a supervisor could violate an employee's protected concerted activity rights under U.S. labor law.… Continue Reading
A Wall Street Journal article on December 2 discusses the National Labor Relations Board’s emergence into social media and non-union workplaces. For employers that have not looked at their policies and practices concerning employee activity in social media, this article serves as a good reminder. Click here for more information. … Continue Reading
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
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
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 … Continue Reading
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 should … Continue Reading
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.… Continue Reading
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 channel and a … Continue Reading
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 many issues involving new … Continue Reading
