Second Circuit Affirms NLRB Decision Employers Won’t Like

Back in August 2014, we discussed an NLRB decision, which concluded 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 Second Circuit recently affirmed the NLRB’s decision.

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

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

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

ALJ Finds That Employer’s News Media Policy Prohibiting Employees’ Contact With Media Regarding “Company Operations” Violates NLRA

An NLRB Administrative Law Judge (ALJ) recently found that a news media policy issued by Phillips 66 violated Section 8(a)(1) of the NLRA, which prohibits employers from interfering with the exercise of employees’ rights to organize. The ALJ’s decision addressed the “News Media Guidelines” issued by the company in late 2012. The guidelines were sent

Newly Released NLRB Advice Memorandum Finds Several Provisions of Employer’s Social Media Policy Unlawful

In a recently released Advice Memorandum, the NLRB Office of the General Counsel provided some further guidance on how provisions of an employee social media policy could run afoul of Section 8(a)(1) of the NLRA. That Section prohibits employers from interfering with the exercise of employees’ rights to organize under Section 7 of the NLRA.

NLRB Upholds Employer’s Withdrawal of Rehire Offers to Employees Based on Employees’ Facebook Conversation Regarding Their Plans To Engage in Insubordinate Behavior

The NLRB, in a rare decision related to social media use that employers will like, recently upheld an employer’s withdrawal of the rehire offers of two employees based solely on a Facebook exchange, finding that the exchange was not protected under the National Labor Relations Act because it exhibited the employees’ “planned insubordination in specific detail.”

Triple Play Appeals NLRB’s Recent Decision Holding That Employees’ Facebook Activity is Protected Under the NLRA

Triple Play Sports Bar and Grille has appealed to the Second Circuit Court of Appeals to review the NLRB’s recent decision that employees’ use of the Facebook “like” button constituted concerted protected activity under Section 7 of the National Labor Relations Act. As outlined in our earlier post covering that NLRB decision, the NLRB’s ruling

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