NLRB

Employers Will Not “Like” This!


Employers Will Not “Like” This!

These and similar questions were examined by the National Labor Relations Board and, not surprisingly, employers won’t like the decision reached. For my September 2014 post to Maximize Social Business, I explore the details of Sanzone and Spinella vs. Triple Play Sports Bar and Grille. I also provide a few insights to what this decision may mean to both employees and employers.

Does your business discipline employees for such posts? Does your company have policies regarding employee use of social media?

The Law On Social Media and Employment Is Still Evolving


The Law On Social Media and Employment Is Still Evolving

Social media and technology keep advancing at a rapid pace. The law has furiously been trying to catch up. For a short time, the National Labor Relations Board (“NLRB”) was at the forefront of creating the framework for social media and employment law. In June 2014, however, the U.S. Supreme Court stalled, at least temporarily, the NLRB’s efforts to create new guidance.

In my July 2014 post for Maximize Social Business, I briefly analyzed the case of National Labor Relations Board v. Noel Canning and how the Supreme Court will impact the NLRB’s progress. And, I specifically analyzed how this court decision will impact the landscape of social media and employment law. Only time will tell if the NLRB will catch up with its work before technology moves beyond today’s workplace technologies.

Employer Avoids Liability Due to Employees’ Facebook Discussions


Employer Avoids Liability Due to Employees’ Facebook Discussions

Employees have a right to complain in Facebook discussions, but an employer may avoid liability if the employee is terminated.

Employees have the freedom to discuss and even complain about workplace issues and gripes. In non-union and unionized workplaces, employees are permitted to engage in protected concerted activity for the benefit of each other. Before social media, employees would typically discuss these issues together, in-person. Now, Facebook, Twitter and other platforms have taken the place of the water cooler and break room.

Recently, however an administrative law judge for the National Labor Relations Board determined that one of these employee discussions crossed the line and was not protected activity. This ruling is good for employers. It also reiterates why employees should think twice about being Facebook friends with co-workers, and how unprofessional use of social media can doom employment relationships and lawsuits.

For a more complete analysis of this case, read my latest post titled “Employee Was Properly Facebook Fired” published as my monthly Social Media and Employment Law contribution to Maximize Social Business.

Employers Beware: The New NLRB is Coming!


Employers Beware: The New NLRB is Coming!

The new NLRB is coming. Learn more about employment law and ways to deal with workplace issues.

For the first time in about a decade, the National Labor Relations Board (NLRB) will be at full capacity. Even under turmoil for 2012, the board was active in dealing with workplace issues for unionized and non-unionized employers.

These issues included social media policies and practices, at-will provisions, confidentiality during investigations and “Facebook firings.”

In my August 2013 article for Maximize Social Business, I examine the recent history, the current status of the NLRB, and what employers should do to gear up for a newly formed NLRB. My article is titled: “4 Tips for Employers to Prepare for the New NLRB“.

Hoaxes, Lies and a President’s Unconstitutional Behavior


What does President Obama have to do with social media in the workplace?

My article titled “Social Media in the Workplace: Hoaxes, Lies and a President’s Unconstitutional Behavior” was chosen as one of the top Blog Posts by, and highlighted in, the February 8, 2013 Daily Headlines and Features by CommPRO.biz

My article focused on a federal court case (decided in late January 2013) finding that President Obama’s 2012 “recess” appointments to the National Labor Relations Board (NLRB) violated the U.S. Constitution. One consequence of this court case is that now all of the NLRB’s decisions from 2012 are called into question since they were decided by an improperly seated NLRB. I analyze what this court decision means to employers and employees. I also analyze some of the repercussions the Mantei Te’o hoax and lying on resumes/LinkedIn can have in the workplace.

You can read more of my posts regarding Social Media in the Workplace at Windmill Networking.

Image courtesy of Wikipedia