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
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
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.
Requiring Employees or Job Applicants to Turn Over Facebook Passwords? Three Reasons Why This is a Horrible Idea
Increasingly, employers are asking prospective or current employees to turn over their Facebook passwords in order to review their profiles.
In response to this increase some states, including California, Illinois, and Maryland, have proposed legislation to ban such conduct.
Facebook recently interjected its position on this topic when its Chief Privacy Officer, Erin Egan,
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
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
Using Social Media to Screen Job Applicants – A Few Recommendations for Employers
Certainly social networking sites like Facebook, LinkedIn, blogs, and Twitter provide employers with opportunities to obtain useful, legitimate, and relevant information about a job applicant. But the above Dilbert comic by Scott Adams underscores that there are also risks in using such social media outlets to screen job applicants.
Specifically, if employers use social media
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