Employment Law Blog

The NLRB’s View On Acceptable Social Media Policies

The rise of social media, and the desire of employers to both control and police it as to their employees, has served to expose, to many for the first time, that the National Labor Relations Act (“NLRA”), 29 U.S.C. §§ 151, et. seq. applies not just to unionized work places but to virtually all private employers of any significant size engaged in interstate commerce.  Section 7 of the NLRA protects employees’ rights to engage in what is commonly referred to as “concerted protected activity” for their mutual aid and protection in both unionized and un-unionized work places.  Pre-social media this activity was typically not that difficult to spot because it commonly manifested itself as two or more employees talking face-to-face about working hours, pay, work conditions, etc. If an employee was acting alone, and thus, not part of concerted activity, it was typically easy to spot as well.  However, with the rise of Facebook, Twitter, YouTube and other social media outlets, what is and is not protected activity has become less clear due to the lack of clear employee interaction, and the question of what is in fact protected activity is an increasingly important question as employers struggle with what to do about employee electronic posts or communications which they do not agree with and feel merit adverse employment action.  This is especially true where these communications concern what is felt to be confidential or proprietary information. More >

New NLRB Report on Employer’s Social Media Policies

On May 30, 2012, General Counsel for the National Labor Relations Board (NLRB) issued a report focusing exclusively on employer social media policies for employees. The report contains seven total cases and found that six of the cases had some lawful provisions, and only one case had a social media policy that was entirely lawful. In general, social media policy provisions are unlawful where they interfere with the rights of employees under the National Labor Relations Act (NLRA), such as the right to discuss working conditions and wages with other employees. In light of this new report, now is a great time to review your social media policy. McBrayer PLLC can assist you with your social media policy needs to help ensure compliance with the NLRA.

Services may be performed by others.

This article does not constitute legal advice.

Have employers gone too far?

The burgeoning backlash against employer monitoring of employee social media posts. More >

NLRB’s Continued Focus on Social Media

NLRB’s Continued Focus on Social Media, Use of Reinstatement Remedies to Protect Concerted Activity, and New Guidance for Employers Drafting Social Media Policies More >

The Professional Overtime Exemption

Earlier this month, Wal-Mart agreed to pay over $4.8 million in back wages and damages to employees across the country for failure to pay overtime wages as a result of an investigation of the U.S. Department of Labor.  The Department of Labor found that Wal-Mart misclassified over 4,500 managers as exempt from federal regulations requiring overtime wages to be paid for work over forty hours per week. More >

Employers Are Demanding Facebook Passwords—Should They?

It’s hard to miss the latest news reports.  Employers around the country are demanding Facebook passwords from both applicants and current employees in order to monitor employee activity.  While the allure is understandable – in this day and age, almost any negative internet-based comment about an employer can be found by customers, clients and potential employees – the real question is, should an employer take such a drastic step?  Probably not. More >

It’s a New Year—Time to Review Your Employment Policies

Happy New Year!  In the spirit of out with the old and in with the new, now is a great time to review your employment policies and see if it’s time for an update.  Depending on your business, any one of the policies may need to be drafted or updated: More >

The Irony of the Communications Decency Act

As many unfortunate individuals have found, there are limited remedies for individuals who are the subject of unflattering information posted on the Internet. Next month, for the first time, a United States District Court in the Sixth Circuit will have an opportunity to rule on the Communications Decency Act which provides internet service providers immunity from liability for publishing defamatory information. The legislative history of the Communications Decency Act reveals that it originally had a far different purpose. More >

So you have a social media policy. Have you thought about these issues?

Most employers today know about the dangers – and benefits – of social media, and have policies in place to deal with employee use of social media like Facebook and Twitter.  But have you thought about these related issues? More >

Social Media 101: Regulate

            Social media is everywhere and is here to stay.  This summer we have seen the good side of social media through the wonderful on-the-spot news updates during the revolutions and uprisings in the Arab world, most recently in Libya and Syria.  We have also been witness to the dark side, as demonstrated by the downfall of New York Representative Anthony Weiner and his unfortunate distribution of inappropriate personal pictures through Twitter.  The ubiquity of social media has caused a headache for employers, however.  Just how much can and should an employer regulate the social media use of its employees? More >