Tag Archives: social media policies

Would Yelp Get a Favorable Review from the NLRB for Blog Post Termination?

Last week a former employee working for Yelp’s food delivery unit, Eat 24, was fired for violating the company’s internal “terms of conduct.” The termination came after the customer-service rep, Talia Janes, wrote a critical blog post about her low pay and working conditions in an open letter to Yelp’s CEO. The interesting issue for legal geeks … Continue Reading

Employer’s Social Media Policy Found Not To Violate Employees’ Rights

A recent social media case involving the NLRB should be cause for celebration for employers. Specifically, in Landry’s Inc., Case No. 32-CA-118213 (June 26, 2014), an NLRB administrative law judge (ALJ) had found a social media policy concerning its subsidiary, Bubba Gump Shrimp Co. Restaurants, Inc., did not violate the National Labor Relations Act (NLRA). Initially, … Continue Reading

$4.5 Million Reasons for Employers and Individuals to Balance Social Media Use & Risks

A previous post on this blog discussed ways for employers to increase the effectiveness of a company’s social media policy (See The Sweet-spot for Increasing the Effectiveness of a Social Media Policy: Employee Self-Interest). One of the real-world examples discussed in that post was a lawsuit against a former Michigan Assistant Attorney General Andrew Shirvell … Continue Reading

Michigan Proposes Legislation to Ban Employers from Accessing Employees’ Social Media Sites

Michigan recently joined a growing trend of states that have introduced legislation to prohibit employers from asking job applicants and current employees for passwords and other private account information for social networking websites such as Facebook and Twitter. Specifically, State Rep. Aric Nesbitt (Republican) proposed legislation that applies to state and private employers. Mr. Nesbitt’s … Continue Reading

Of Muppets and Men – How Will Your Goldman Sachs Social Media Nightmare be Told?

One general misconception that business owners have when it comes to social media policies is that it is a silver bullet against disgruntled employees disparaging the company. Certainly this is a serious concern for any employer. But a recent “parting gift” from a Goldman Sachs Vice President illustrates the real danger that social media poses … Continue Reading

The Intersection of Social Media & Employment Law: The Good, the Bad, and the Confusing.

On February 6, 2012 I had the opportunity to speak to human resource professionals about legal issues at the intersection of social media and employment law. This HR group is lead by the B2B Connection and its president Gail Sanderson. A special thanks is also owed to Molly DiBianca over at the Delaware Employment Law Blog for her permission … Continue Reading

NLRB Releases Second Social Media Advisory Report: What It Means for Employers

On January 25, 2012, the National Labor Relations Board’s General Counsel issued a press release that a second report describing social media cases reviewed by the NLRB has been made available. The first NLRB social media report (PDF) was released in August 2011. According to the NLRB’s press release, this second NLRB report (PDF) was needed to address … Continue Reading

Since When are Employee Rants Protected by Federal Law?

  Briefly, under Section 7 of the National Labor Relations Act (NLRA), employees are guaranteed “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection” 29 … Continue Reading

Social Media and the NLRB: Two Must Read Reports for Employers and HR Professionals

It is no secret that the NLRB has put employer’s social media policies and employee discipline discharges arising out of social media (a/k/a Facebook Firings) in its cross-hairs. This fact was recently highlighted in another NLRB Press Release (9/7/11) where an administrative law judge found that a Buffalo nonprofit organization unlawfully discharged five employees after … Continue Reading

The Sweet-spot for Increasing the Effectiveness of a Social Media Policy: Employee Self-Interest

Conventional wisdom directs companies to implement social media policy to eliminate or otherwise reduce the risks involved with social media. But a social media policy is only effective if it is followed by a company’s employees. And the sweet spot for increasing compliance with such a policy is by showing individual employees why they have … Continue Reading

Two Questions Employers Should Ask Before Implementing A Social Media Policy

Peter Drucker noted that “The most serious mistakes are not being made as a result of wrong answers. The truly dangerous thing is asking the wrong questions.”  Mr. Drucker’s advice is particularly appropriate when it comes to legal issues involving social media and employees. In this regard, there is no shortage of general “answers” in … Continue Reading
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