See If You “Like” This: NLRB Rules That Commenting on or Liking Another’s Facebook Post Can Constitute Protected Activity

The NLRB recently ruled that employees’ use of Facebook’s “like” button can constitute protected concerted activity under Section 7 of the National Labor Relations Act, and that the employer’s termination of the employees was an unfair labor practice under the Act. The employees worked at Triple Play Sports Bar and Grille, and were non-unionized. It all

In an “Upset” Win, an Employer’s Social Media Policy is Upheld by the NLRB

As we posted back in May, the NLRB recently has scrutinized employers’ social media policies, often holding that such policies violate Section 7 of the NLRA by limiting employees’ rights to engage in “concerted activities” for the purpose of collective bargaining.  But, a recent decision from an NLRB Administrative Law Judge (ALJ) in San Francisco

Reporting Sexual Harassment on Facebook

With so many employees now posting on social media—both at work and after work—employers must consider what to do if an employee complains online about workplace harassment. Recently, the U.S. Supreme Court provided some guidance by declining to review a Tenth Circuit decision that touched on this issue. In Debord v. Mercy Health System of

The NLRB Flip-Flops on Employee Disclaimers

Last year, the National Labor Relations Board (NLRB) issued an advisory report highlighting the difference between lawful and unlawful social media policies. The full report discusses seven recent NLRB decisions. According to the report, the key question when developing a social media policy is whether any of the restrictions could be construed “to chill the