Tag Archives: social media

Manna From Heaven? – NLRB Has Provided Confidentiality Language That Complies With the Law

Employers, union and non-union alike, have been spinning their wheels every time the NLRB comes out with a new case, general counsel memorandum or advice memorandum slamming a generally accepted employment policy.  This past year, we have seen the NLRB take on social media policies, collective action waivers, at-will disclaimers and confidentiality rules.  This time, … Continue Reading

NLRB’s Acting General Counsel Provides Do’s and Don’ts for Social Media Policies

The National Labor Relations Board Acting General Counsel Lafe E. Solomon issued his third report on employees’ social media use on May 30.  We previously blogged about the first report (see NLRB Issues Guidance on Social Media Policies) and several other NLRB cases involving social media. This recent report focuses on the lawfulness of several … Continue Reading

NLRB Continues its Attack on Overly Broad Social Media Policies

We have been commenting on the National Labor Relations Board’s (NLRB) recent decisions on the lawfulness of social media policies. An NLRB Administrative Law Judge recently struck down a portion of a company’s social media policy that prohibited employees from commenting on work-related legal matters without the express permission of the company’s legal department. The … Continue Reading

Administrative Law Judge Reviews Two Facebook Postings – One Protected, One Not

As another follow-up to our posts, NLRB OK’s Employee Bad-Mouthing on Social Media, Update: The NLRB Seesaws On Social Media Bad-Mouthing, NLRB Issues Guidance On Social Media Policies and Administrative Law Judge Recommends Employees Fired For Facebook Be Reinstated and Provided Loss of Pay, an Administrative Law Judge (“ALJ”) has made a recommendation on another … Continue Reading

Administrative Law Judge Recommends Employees Fired for Facebook Posts Be Reinstated and Provided Loss of Pay

For the first time, in Hispanics United of Buffalo, Inc., an Administrative Law Judge has found a violation of the National Labor Relations Act in a social media case brought by the General Counsel of the National Labor Relations Board (“NLRB”).  As addressed in the earlier post, NLRB OKs Employee Bad-Mouthing on Social Media, the General Counsel … Continue Reading

NLRB Issues Guidance on Social Media Policies

Yesterday, August 18, 2011, the National Labor Relations Board issued a 24-page memorandum summarizing the facts and outcome of the social media cases over the past year.  Several of the cases included in the memorandum are discussed in earlier posts (NLRB OKs Employee Bad-Mouthing on Social Media, Update: The NLRB Seesaws On Social Media Bad-Mouthing).  The introduction … Continue Reading

Update: The NLRB Seesaws on Social Media Bad-Mouthing

In the middle of the NLRB’s campaign to protect employees from disciplinary action for posting complaints about their employers on social media (see earlier post, NLRB OKs Employee Bad-Mouthing on Social Media), the NLRB has said that not all complaints are protected, even job-related complaints.  The NLRB issued three memoranda in July stating that employers did not … Continue Reading

Federal Appeals Court Agrees with NLRB That a Confidentiality Provision in an Employment Agreement Violated the Law

As discussed in an earlier post (NLRB OKs Employee Bad-Mouthing on Social Media), the National Labor Relations Board is not just in the business of regulating union activity.  According to law, two or more employees (regardless of union affiliation) are protected in acting together to improve the conditions of their employment, including wages and hours. This is … Continue Reading
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