Labor and Employment Observer 2015/2016

The Irony in Regulating Employee Social Media Speech: the NLRB vs. the FTC -

BREAKING NEWS: Employees use social media. A lot. And, in a related story, Bush beat Gore, according to the Supreme Court. All breaking news, of course, for those just returning to Earth after a lengthy PTO.

As we begin a new year, it should also be old news that employers must tread carefully when it comes to their employees and social media, and that the government continues and will continue to step in and scrutinize employer conduct when it comes to their employees and social media. So, what did we see in 2015 and what will we see in 2016? An interesting conundrum has developed for employers as one government entity is telling employers that they must let employees freely speak on social media, while another is telling employers that they must not.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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