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Employment Policies Social Media National Labor Relations Board

FordHarrison

EntertainHR: Tick tock, TikTok: Why Employers Should Evaluate Social Media Policies  

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TikTok is home to many viral video trends, including “day in the life” and “story time” videos. “Day in the life” videos frequently contain short, collected clips of a user’s day with music, text, or voice-overs explaining...more

Bradley Arant Boult Cummings LLP

You Posted What?! Considerations for Employers’ Social Media Policies in 2025 | Insights & Events

Whether or not the TikTok ban is upheld following the January 10, 2025, oral arguments in front of the Supreme Court, employers should be aware of some social media trends stemming from the app that are here to stay. As...more

Offit Kurman

Better Call Sarah: Political Speech in the Workplace

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Help! After this last election, it seems everyone at the office has something to say about politics, and I’m caught between my mission to keep the peace and the very real risk of stifling free speech. Is there a way I can...more

Dickinson Wright

The Freedom—and Limits—of Political Speech in the Workplace

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With the 2024 election quickly approaching, employers should expect an increase in political conversation and activity in the workplace. It is essential during political seasons for both employers and employees to understand...more

FordHarrison

EntertainHR: Can Employers Do That? The Limits of Free Speech

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Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in...more

Foley & Lardner LLP

NLRB Establishes New Work Rule Standard: Time to Revise Handbooks and Policies

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On August 2, 2023, the National Labor Relations Board (NLRB or “Board”) published an opinion regarding employer work rules. That opinion in the Stericycle and Teamsters Local 628 matter clarified that employer work rules that...more

FordHarrison

EntertainHR: Michigan’s Miscue—Is Your Company Ready for a Social Media Scandal?

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Only a few days after being hired by the University of Michigan’s football program as the assistant director of football recruiting, Glenn Schembechler (son of longtime Michigan head coach Bo Schembechler) resigned after his...more

Husch Blackwell LLP

The Labor Law Insider: Better Change Your Policies, Including Social Media

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Labor Law Insider host Tom Godar welcomes two new Labor Law Insiders as they discuss the shifting standards applied by the National Labor Relations Board (NLRB) to traditional employment policies found in almost every...more

Bradley Arant Boult Cummings LLP

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It

Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace....more

Proskauer - Labor Relations Update

NLRB Finds Social Media Policies Lawful, Sheds Light on Impact of Boeing

As we have discussed before, several years ago, the Board instituted a significant paradigm shift in analyzing the lawfulness of employers’ handbook policies in relation to employees’ Section 7 rights, when it issued its...more

Seyfarth Shaw LLP

The End of an Era? NLRB Holds Lawful Employer’s Rules Restricting Employee Communications on Social Media, But This Pro-Employer...

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Seyfarth Synopsis: Last week, the NLRB held in a 2-1 decision that an employer’s rules restricting certain types of employee communications on social media were lawful under the NLRA. However, the Board panel was sharply...more

Proskauer - Law and the Workplace

Election Season and the Workplace, Part 1: Employee “Free Speech” and Political Activities

With Election Day just around the corner, we’ll be highlighting some of the issues facing employers in a two-part series on elections and the workplace. In this first installment, we’ll look at employee protections around...more

Seyfarth Shaw LLP

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

Seyfarth Shaw LLP on

Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

McDermott Will & Schulte

[Webinar] Return to Work Virtual Toolkit for Employers | Off-Duty Conduct: COVID-19 Parties and Social Media Ranting—What’s an...

The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is forcing employers all over the world to consider various new policies as workers...more

Faegre Drinker Biddle & Reath LLP

NLRB Updates Guidance on Social Media Policies

The National Labor Relations Act (NLRA) protects the rights of employees to come together to address conditions of employment with or without a union. Those protections extend to certain work-related conversations conducted...more

Constangy, Brooks, Smith & Prophete, LLP

Do You “Like” Me? Are We “Friends”? A Social Media Update For Employers

Every company has faced challenges related to the social media presence of, or use by, prospective and current employees. This includes questions about off-duty conduct that spills over into the workplace, posting about terms...more

Cohen & Gresser LLP

Can Employers get a Grip on Griping? Not all Gripes are Created Equal…

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Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace.  They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on...more

Goulston & Storrs PC

Social Media Policies: Protection for “Water Cooler” Discussions in the Digital Age

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As discussed in an earlier blog post, conflict between retail employers and their employees over the use of social media platforms such as Facebook and Twitter is increasingly common....more

Ruder Ware

Employee Social Media and Employee Discipline – Caution

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A number of companies have adopted social media policies that address the types of things employees can post on social media even if it is the employee’s private social media page. While companies have the right to protect...more

McNees Wallace & Nurick LLC

Social Media in the Workplace: More Changes Ahead?

In days past employees discussed and debated workplace issues around the water cooler. That sentimental past-time has long since been replaced by online social media networking and the reach of social media is stunning....more

Troutman Pepper Locke

Termination For Social Media Activity May Result In Unemployment Compensation Benefits

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Q. Our Company just terminated an employee for a social media post that was in violation of our social media policy. Will she be entitled to unemployment compensation benefits? ...more

Bradley Arant Boult Cummings LLP

No Union Protection for Employees “Sick” Over No Paid Absences

Can employees protest a company sick leave policy with an internet meme that suggests the company’s food is not safe? Not according to a recent Eighth Circuit decision. MikLin (doing business as Jimmy John’s in Minnesota)...more

Burr & Forman

Employees’ Social Media Activity: Proceed with Caution

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Given the prevalence of social media in our online culture, employers are forced to navigate the everchanging landscape of issues presented by the social media usage of their employees. What recourse does an employer have...more

Mintz - Employment Viewpoints

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit...more

Arnall Golden Gregory LLP

The National Labor Relations Board’s Crackdown on Social Media Policies

If your company has a social media policy in its handbook, that policy is in the crosshairs of the National Labor Relations Board (NLRB). The NLRB is the agency that enforces the National Labor Relations Act (NLRA), which,...more

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