Archives: Social Media

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Ensure Your Company’s Public Relations Response Plan Follows These Key Employment Law Principles (US)

When a public relations issue strikes, it can be difficult to find time to implement new procedures or educate employees on new legal concepts. This is particularly true where social media can trigger a public relations crisis almost instantaneously. Accordingly, an organization should develop a public relations response plan before it needs one.… Continue Reading

NLRB Releases Slew of Advice Memoranda Providing Interpretative Guidance On Labor Issues (US)

During the first month and a half of 2018, the National Labor Relations Board (“NLRB” or “Board”) released a torrent of memoranda authored by its Division of Advice (“Advice”), a section of the NLRB’s Office of the General Counsel.  As you may have read on our blog before, Advice memoranda are issued by the NLRB’s … Continue Reading

Major Developments for Union and Non-Union Employers – NLRB Announces New Standards For Employment Policies, Joint Employment, and Signals Change In Election Rules

The National Labor Relations Board (NLRB or Board) issued two groundbreaking decisions on December 14, which will give both union and non-union employers significantly more flexibility to manage their operations.  Earlier this week, the Board also signaled that it will revise the “quickie” election rules implemented in 2015 in the near future.  These developments will … Continue Reading

Second Circuit “Likes” NLRB Decision on Facebook Activity

On October 21, 2015, the US Court of Appeals for the Second Circuit upheld the National Labor Relations Board’s (NLRB) ruling that a Facebook “like” can be protected concerted activity under the National Labor Relations Act (NLRA)—this underlying NLRB decision was reviewed in detail in our previous post regarding Triple Play v. Sazone and Triple … Continue Reading

Australian employee pays high price for revenge porn in the workplace

Taking a stand against jilted ex-lovers, Western Australia has joined the UK and USA to fight the war on ‘revenge porn’. Revenge porn occurs when the (either actually or imminently) ex-partner posts nude or intimate pictures or videos online without consent. In the absence of appropriate laws, perpetrators have often escaped liability. In response, countries … Continue Reading

Clicking Facebook’s “Like” Button May Require An Employer To Rehire A Fired Employee

On August 22, 2014, the National Labor Relations Board (NLRB) affirmed an administrative law judge’s January 2012 ruling that Triple Play Sports Bar and Grille (Triple Play) unlawfully fired bartender-waitress Jillian Sanzone and cook Vincent Spinella requiring they be rehired and provided back pay and benefits with interest. In Triple Play v. Sazone and Triple … Continue Reading

Give me a “C”! Give me a “D”! Give me an “A”! What Does That Spell? IMMUNITY

Sarah Jones, a high school teacher and former Cincinnati Bengal cheerleader, discovered several nasty posts about herself on TheDirty.com. The anonymous writer took stabs at her looks, and claimed she was not only promiscuous, but infected with sexually‑transmitted diseases.  The website operator refused Jones’ requests to remove the posts, so she sued the site for … Continue Reading

Facebook Threat Against Union Member That He Will “get 2 black eyes” If He Crosses the Picket Line Is Not Unlawful According to the NLRB

On February 12, 2014, the National Labor Relations Board decided to continue to protect the right of union members to post freely on Facebook and this time, even finds that the Union itself has no obligation to disavow or remove comments which very clearly threatened some of its members if they crossed the picket line. … Continue Reading

High Court tells ex-employees to hand back control of LinkedIn Groups to employer

In recent webinars and workshops we have discussed the issues presented by the use of social networking sites, particularly LinkedIn, by employees who leave to join a competitor or set up on their own. Last week, written judgment was handed down in relation to an injunction application in the case of Whitmar Publications Limited v … Continue Reading

Social Media: When Generation Z meets Real World

Oh dear, such good intentions but it lasted less than a week. 17-year-old Paris Brown resigned from her £15,000-a-year post as “adviser on youth” to Kent Police Commissioner Ann Barnes after the media discovered her various tweets about sex, drugs, alcohol and her online use of derogatory and discriminatory terms. Brown apologised for her “inappropriate” comments and noted … Continue Reading

A Year of NLRB Decisions Are Ruled Invalid By The U.S. Court of Appeals for the D.C. Circuit

For the past year, the NLRB has issued a large number of decisions on a multitude of issues.  After today’s 47-page ruling [pdf] from DC Circuit Judges David B. Sentelle, Karen LeCraft Henderson and Thomas B. Griffith, those decisions are now invalid. The Court held that President Obama’s January 4, 2012 recess appointments of Sharon Block, … Continue Reading

NLRB Ruling Signals Employers May Need To Revisit Their Social Media Policy

On September 7, 2012, the National Labor Relations Board (NLRB) issued its first opinion invalidating an employer’s electronic posting rules in Costco Wholesale Corp. [pdf]  The topic of social media has received almost unprecedented attention by the NLRB as identified in three reports issued by Acting General Counsel Lafe Solomon in the past 12 months … Continue Reading

Is your social media profile showing your best side?

Fame at last!  Whincup, D. appears in the bibliography of a recent ACAS Research Paper into “Workplaces and Social Networking – the implications for employment relation”, hooray!.  Aside obviously from its reference to me, the Paper is primarily notable for the details it provides of a survey conducted by MyJobGroup.  One thousand individual respondents were … Continue Reading

Employee’s Social Media Passwords Are Private

The U.S. Congress followed Maryland’s lead and introduced bills in both houses which would prohibit employers from requiring prospective or current employees to provide their employer with passwords to their social media accounts such as Facebook and Twitter.  The bills make it an illegal invasion of the employee’s privacy. The Senate version of the law … Continue Reading

Social Media & the NLRB: Guidance for Employers

As reported earlier this year, labor and employment lawyers and human resource personnel look to new decisions to help shed light on one of the fastest growing issues for employers—managing employee use of social media.  Earlier this month, the NLRB Acting General Counsel Lafe Solomon issued a report concerning nine recent cases that the agency … Continue Reading

Should Companies Be Afraid of Employees Who Tweet?

In the current era where social media infiltrates the workplace and a recent case settled where the National Labor Relations Board (“NLRB”) felt employees who criticized their supervisors on Facebook were engaged in protected activity, employers now have to think twice before reprimanding employees because of their “tweets.”  (For more information on recent case, see … Continue Reading
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