04/03/2013 - What Happens on Facebook, Stays on Facebook (When It Is Subject to a Discovery Request)
As readers of this blog know
, social media evidence, like other electronically stored information, must be preserved when a party “reasonably foresees” or “reasonably anticipates” that it may be needed in litigation.
02/18/2013 - NLRB Roundup: A Year in Review, and a Look Ahead
The National Labor Relations Board (“NLRB” or “Board”) began 2013 as it began 2012, facing questions regarding whether a quorum of its members had been constitutionally appointed.
01/24/2013 - Social Media Law Reporter Guest Article: Top Five Issues to Watch in 2013
Social media touches a variety of different areas of individuals’ lives. It allows people to easily stay in touch with family and friends across the world, follow their favorite celebrity’s random thoughts expressed in 140 characters or less, and receive coupons from stores by ‘‘liking’’ or reposting certain information. In fact, it is hard for anyone with access to a computer or other mobile device to avoid being involved in social media in some way.
10/2/2012 - Hot Dog! NLRB Issues Employer-Friendly Ruling in First Facebook Firing Decision
As we have previously discussed on this blog, the NLRB’s Acting General Counsel has generated substantial publicity by issuing complaints in cases involving social media.
06/20/2012 - NLRB’S General Counsel Releases New Social Media Report Containing Much Needed Guidance on Lawful Social Media Policies
For the second time this year, the office of the National Labor Relations Board’s acting general counsel Lafe Solomon has released a report summarizing how his office has addressed various complaints relating to social media policies, or disciplinary actions taken in response to employee social media activity.
05/18/2012 - NLRB Halts Implementation of New Election Rules: Vote on NLRB Election Rules Lacked Quorum, Judge Rules
On May 15, 2012, a federal district court judge for the District of Columbia struck down recent changes to the National Labor Relations Board’s representation election procedures, which were intended to streamline the Board’s representation election process.
05/15/2012 - Public Employees: Anything You “Like” Can and Will Be Used Against You
What does it mean to “like” a Facebook page? As Facebook users know, clicking the “like” button sends a link to your Facebook friends’ newsfeeds, noting which of their friends “liked” the link.
04/20/2012 - Update: NLRB Suspends Implementation of Notice Posting Rule Pending Legal Challenges
On April 17, 2012, the Court of Appeals for the District of Columbia Circuit issued a decision enjoining the National Labor Relations Board (“NLRB” or the “Board”) from implementing a controversial rule requiring employers to post a notice informing employees of their rights under the National Labor Relations Act (“NLRA”).
04/02/2012 - Potential Pitfalls of Online Relationships Between Supervisors and their Employees
Employers grappling with social media issues often ask whether it is advisable to permit employees to friend each other on Facebook, or connect on other social media sites.
03/07/2012 - Update: Court Upholds NLRB Adoption of Notice Posting Rule But Limits Sanctions
On March 2, 2012, a federal district court in Washington, D.C. upheld the National Labor Relations Board’s authority to adopt a proposed regulation requiring employers to post a notice informing employees of their federal labor law rights.
02/16/2012 - Recent NLRB Social Media Report Raises New Questions
As we have detailed in this blog and elsewhere, the National Labor Relations Board (“NLRB” or the “Board”) made social media cases a priority in 2011.
02/03/2012 - NLRB Roundup Part 3: New Election Rules, Class Action Waivers and (Maybe?) Recess Appointments
The National Labor Relations Board has had a busy few weeks. This alert discusses new developments.
12/28/2011 - Update: NLRB Delays Notice Posting Rule’s Effective Date
On December 23, 2011, the National Labor Relations Board (NLRB) announced that it would postpone its requirement that employers post a notice informing employees of their federal labor law rights until April 30, 2012.
12/12/2011 - NLRB Roundup Part 2: Board’s Aggressive Agenda Unabated: Required Notice, Rulemaking, Social Media, and the Boeing Case
As promised, Part 2 of our NLRB Roundup takes a step back from the case law summarized in Part 1 to address other issues surrounding the current Board and its effect on the labor law landscape.
12/05/2011 - NLRB Clarifies Stance on Social Media, Applies Existing Labor Law
When confronted with the uncertainty surrounding employee use of social media, employers may wonder if the best move is to prohibit employees from discussing their jobs on social media sites altogether.
10/14/2011 - NLRB Roundup Part 1: Obama Board Continues Apace Reversing Bush Board Decisions, Expanding Labor Laws
Since our last summary, the Obama Board has taken significant steps to further outgoing Chairman Liebman’s stated goal of bringing the Board “back to life after a long period of dormancy.” Our roundup will be addressed in two parts. Part one, that follows, addresses Board decisions and case law developments. Part two will address other issues involving the current Board and its effect on the labor law landscape.
09/07/2011 - NLRB Social Media Status Update: Is the Board Sending Employers a Friend Request?
Since the famous “Facebook firing” complaint in late 2010, many observers have worried that the majority-Democrat National Labor Relations Board’s (“NLRB” or the “Board”) social media focus was an attempt to establish pro-union, anti-employer precedent, giving employees free rein to disparage and criticize their employers online.
09/01/2011 - Dude, Where's My Disclosure? Don't Get Punk'd by FTC Regulation of Employee Social Media Use
As Ashton Kutcher has learned, the Federal Trade Commission takes online endorsements seriously. Recently, the actor and avid Twitterer edited an online issue of Details
magazine that plugged several technology start-ups without clarifying that Kutcher had invested in many of them.
02/15/2011 - Supreme Court Again Expands Retaliation Protection
Consistent with its retaliation decisions over the past five years, the United States Supreme Court has revisited and expanded the scope of protection from retaliation under Title VII. In an 8-0 decision issued January 24, 2011, the high court expanded the scope of Title VII’s anti-retaliation provision by concluding that in certain situations, the statute allows an employee who has not personally engaged in protected activity to lodge a retaliation claim under the statute.
02/09/2011 - NLRB Roundup: More Frequent and Significant Action from Obama Appointees
The Obama National Labor Relations Board (“NLRB”) has started to make its mark on the labor laws through a series of changes that collectively may have a significant impact on the labor law environment.