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You Can’t Fire Me For A Facebook Post! I Have A Right To Free Speech! (US)

Ohio Court of Appeals Disagrees, Confirming That Employees Cannot Succeed on Free Speech Violation Claims Against Private Employers (US) Rita Hall worked for Kosei St. Marys Corporation (“KSM”) as a line supervisor. In June 2020, Ms. Hall posted an offensive image on her public Facebook page comparing a group of monkeys to a group of … Continue Reading

A Timely Redux: Walking The Tightrope: Dealing With Employees’ Different Viewpoints On COVID-19, Racial Justice, and Partisan Politics (US)

In June 2020, we added a post to Employment Law Worldview addressing the complicated situation employers are in when employees express – sometime respectfully, sometimes not – different, and indeed, opposite views on COVID-19 issues (e.g., legitimate public health emergency versus hoax or “plandemic”), racial justice (“Black Lives Matter” versus “All Lives Matter”), and politics … Continue Reading

Influencer Advertising: How Brands Can Successfully Navigate Using Influencers or Dealing With Employees Posting About Work on Social Media (UK)

Influencer advertising is on the rise. In response to this, regulators have issued a joint guide on advertising laws and rules. We discuss perspectives in this brief video on how brands can successfully navigate using influencers and what happens when employees post about work on social media.… Continue Reading

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 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

Can I Like, or Poke my employees, or get their social media passwords?

Social Media is everywhere. In fact, that is probably the point of it. It encourages debate and discussion. It provides instant access to celebrities, politicians, anyone in fact. It can be fantastic. It can be empowering.   But it can also be dangerous. Users of social media, both writers and readers, employers and employees, must accept … 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