An employer illegally fired two employees for criticizing the company on Facebook. This decision comes from the U.S. Court of Appeals for the Second Circuit, which affirmed a National Labor Relations Board decision (NLRB). Three D, LLC v NLRB (10-21-2015). This decision also highlights the need to meaningfully evaluate conduct giving rise to employee
social media policy
Employee Fired for Facebook Postings Latest Example for Why Companies Need a Social Media Policy and Plan
Employee social media issues recently made headlines in the most deplorable way when an employee was fired on September 29, 2015, after he posted a picture of himself online with a colleague’s 3-year-old black son. The picture taken by Gerod Roth, the former employee, resulted (for reasons unknown) numerous bigoted and racists comments from the…
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…
Proposed Michigan Social Media Law Banning Employer Access to Employee Passwords – Not Something to “Like”
Proposed Michigan Social Media legislation is back in the headlines. Specifically, Chris Gautz of Crain’s Detroit Business reported that Michigan Senate House Bill 5523, (sponsored by Rep. Aric Nesbitt, R-Lawton), was approved unanimously by the House in September and is now sitting on the Senate floor.
This bill would “outlaw” employers from requiring employees…
NLRB Finally Delivers Knockout Blow to Broad Employer Social Media Policies
In what has been perhaps the most telegraphed wind-up punch to hit employers in some time, the National Labor Relations Board (NLRB) has finally weighed in on the issue of employer social media policies.
Specifically, on September 7, the NLRB issued its Order striking down Costco Wholesale Corporation’s social media policy and related electronic posting…
$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…
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…
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…
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…
Tis the Season to Tech the Workplace Halls – Managing Employee Owned Technology Devices
Nothing captures the meaning of the Holidays (it is surprising how many winter festivals/holidays one could choose from or – cynically speaking – could use to develop a religious discrimination claim) than the giving and receiving of gifts, especially tech gadgets. And this invariably means employers will ring in the new year with an influx of…