Surprise! NLRB Approves Employer’s Challenged Social Media Policy

In somewhat of a surprise, recently the NLRB affirmed an Administrative Law Judge’s decision, which had rejected the NLRB General Counsel’s challenge to a portion of an employer’s social media policy as unlawful. The employer, Landry’s Inc., which operates various enterprises, including Bubba Gump Shrimp Restaurants, Inc., had adopted a social media policy in its

Magistrate Judge Rules LinkedIn’s “Reference Search” Does Not Violate Fair Credit Reporting Act

As we discussed in a previous post, a class action lawsuit (Sweet, et al. v. LinkedIn) was filed last year against LinkedIn in California based on allegations that the reference reports LinkedIn generates for premium subscribers, including many employers, violate the Fair Credit Reporting Act (“FCRA”). Ruling on LinkedIn’s motion to dismiss, Northern District Magistrate

Is Your Social Media Policy Overbroad?

The NLRB’s Office of the General Counsel recently published an advice memorandum regarding an employer’s social media policy that provides yet another example of the NLRB’s disapproval of policies that use overbroad language without specific examples of prohibited conduct. The employer, KMOV-TV (owned by Belo, Corp.), had implemented a social media policy that included a

Virginia Joins Nationwide Trend Limiting Employers’ Access To Employees’ Social Media Accounts

Effective July 1, 2015, employers in Virginia will have to comply with a new law limiting their access to employees’ and applicants’ social media accounts. The new law prohibits employers from requiring employees or applicants (1) to disclose usernames and passwords for their personal social media accounts and (2) to add the employer or fellow

Is Posting Obscenities Aimed At Supervisor On Facebook A Terminable Offense?

Maybe not, according to a recently published NLRB decision. In Pier Sixty LLC, a majority of a three-member NLRB panel affirmed an ALJ’s decision that the employer violated Section 8(a)(1) and (3) of the National Labor Relations Act by firing an employee for an obscenity-laced vitriolic Facebook post towards a supervisor on the grounds that

Employer Can Proceed With Breach Of Noncompete And Trade Secrets Claims Against Former Employee Who Refused To Relinquish Control Of LinkedIn Group

Recently, an Illinois federal district court denied in part an employee’s motion to dismiss various claims asserted by his former employer, allowing the employer to proceed with its claims for breach of a non-compete agreement, violation of the Illinois Trade Secrets Act, and common law misappropriation based in part on the employee’s refusal to relinquish

Proposed Arkansas Bill Permitting Employer Access To Employees’ Social Media Accounts Rejected

At the end of March, a bill that would have permitted some employers to require employees to provide access to their personal social media accounts did not garner enough votes to make it out of an Arkansas Senate committee after it passed the Arkansas House of Representatives by an overwhelming majority. Although Arkansas, like multiple