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
“Liking” A Facebook Page Is Not Protected By The First Amendment
A Virginia district court recently held that an employee’s clicking of the Facebook “like” button is not comparable to speech. Accordingly, the court affirmed the dismissal of First Amendment retaliation claims brought by employees of a Virginia sheriff’s office finding that the employees’ action was insufficient to merit constitutional protection.
Sheriff B.J. Roberts of the Hampton
Maryland and Illinois Seek to Protect Employee Social Media Activity
Have you ever reviewed the Facebook or LinkedIn profile or other social media activity of an employee or applicant? How about requiring employees or applicants to provide access to social media activity as a condition of employment.
Continue Reading Maryland and Illinois Seek to Protect Employee Social Media Activity
Social Media For Universities and Colleges–Beyond Recruiting
In connection with its coverage of national signing day, ESPN.com recently highlighted that social media is increasingly being utilized by coaches to contact, recruit and gather information about players. For players, it’s a way to get recruited, control the message and interact with fans and other recruits at unprecedented levels. And, like in the workplace,
Second Social Media Report From NLRB Acting General Counsel
Second Social Media Report From NLRB Acting General Counsel
Continue Reading Second Social Media Report From NLRB Acting General Counsel
Social Media Guide for Hospitals
The ECRI Institute recently published an excellent summary of key issues for hospitals concerning social media (registration required), a valuable read for any hospital administrator, risk manager or human resources director. ECRI reports that approximately 4,000 U.S. hospitals own social media sites and that number is sure to grow significantly. One of the reasons for this growth will likely be due in significant
Social Media and the Holidays
As the holidays approach, I am reminded of an employment law attorney I used to know who wrote a column about this time of year about holiday parties. He would warn Human Resources (“HR”) professionals to beware of sexual harassment issues as the punch flows and inhibitions dissipate at the annual office get-together. How things have
The Social Media Manager/Guru/Wizard/Ninja/Diva
Have you hired a social media manager? A social media guru/w
izard/ninja/diva? Each of these
job "titles" are increasingly being used by companies to attract individuals who specialize in marketing a company’s brand and/or services in social media. A recent article in the Chicago Tribune and Los Angeles Times highlights just how prevalent these job titles
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.
Continue Reading NLRB Acting General Counsel Issues Opinion On Social Media and the NLRA
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