Archives: Social Media

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Tinley Park Hotel and Convention Center: The NLRB Gets Out Its Selfie Stick

Photo of Bryan O’KeefeBy Bryan O’Keefe on Posted in NLRB, Social Media
Over the past few years, many employers have found out—the hard way—that the National Labor Relations Board is serious in policing employee handbooks for provisions that the Board believes are “overly broad” under Section 7 of the National Labor Relations Act, which protects employees’ right to engage in protected concerted activity—that is, the right of … Continue Reading

Weigand v. N.L.R.B: A Double Standard for Social Media?

Photo of Meagan MartinPhoto of Pat MuldowneyBy Meagan Martin and Pat Muldowney on Posted in NLRB, Social Media
On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could not be held responsible for allegedly threatening entries posted on its private Facebook page by its members during a … Continue Reading

#Insubordination: NLRB Affirms Refusal To Re-Hire Employees Based Upon Facebook Exchange

Photo of Pat MuldowneyBy Pat Muldowney on Posted in NLRB, Social Media
In prior articles, we have discussed various decisions by the National Labor Relations Board (“NLRB” or the “Board”) protecting employee social media activity as concerted activity under Section 7 the National Labor Relations Act (the “Act”).  Although those decisions appear to suggest that employees generally have no limits as to what they can say on … Continue Reading

Update: NLRB’s Facebook “Like” Case Headed to Court

Photo of Pat MuldowneyBy Pat Muldowney on Posted in NLRB, Social Media
As we recently reported, the National Labor Relations Board found that Triple Play Sports Bar and Grille (“Triple Play”) had unlawfully discharged an employee because he had “liked” a former co-worker’s negative comment about the employer posted on Facebook.  In response to the Board’s decision, Triple Play has filed a petition for review of the … Continue Reading

Employers Beware! The NLRB Onslaught Continues

By Elliot Azoff on Posted in NLRB, Retail, Social Media
On April 22, 2014, National Labor Relations Board Administrative Law Judge David I. Goldman issued a decision in The Kroger Co. of Michigan, Case No. 07-CA-098566, which reinforces that employers, both unionized and non-, are increasingly being left without guidance as to what exactly will be deemed a violation of the National Labor Relations Act. … Continue Reading

Trends in Social Media and the Workplace: Where Does Social Media Harassment Fit In?

Photo of Nathan A. SchachtBy Ana Salper and Nathan A. Schacht on Posted in Harassment, Invasion of Privacy, Social Media
How much do an employer’s obligations to prevent and remedy workplace harassment extend into the virtual world?  Does an employer have the same or different obligations to address an employee’s concerns regarding an unwelcome picture posted on Instagram or a sexually inappropriate “tweet” by a co-worker on their own time and on their private social … Continue Reading
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