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,...more
This is the time of year to anxiously look forward to all that is anticipated to come in 2016. But it is also the time to look back at all that has happened in 2015. Rather than simply give you links to all of my stimulating...more
It gets boring to blog just about the NLRB. We need some judicial action to get the juices flowing a little more. We got a little something last week. Question: Is merely clicking the “like” button on Facebook tantamount to...more
Bloomberg just reported last week that the Apple Watch “is eroding demand for traditional timepieces.” That’s not just a bad sign for watch retailers, but for employers who continue to have to keep up with the ever-shrinking...more
8/11/2015
/ Apple ,
Apple Watch ,
Employment Policies ,
GINA ,
Google ,
Google Glass ,
Harassment ,
Healthcare ,
NLRB ,
Non-Disclosure Agreement ,
OSHA ,
Popular ,
Proprietary Information ,
Smartphones ,
Trade Secrets ,
Wearable Technology
WTF already?! As in, “where’s the fairness?” Time for an acronym update from our favorite government acronym, the NLRB. You will certainly remember that we have recommended asking yourself three questions before determining...more
I don’t know if you are or aren’t. That’s probably for a different timeforhardselfassessmentlawblog.com (wish I had purchased that domain). However, I do know that your employees apparently can call their manager a nasty...more
It’s been a little while since we talked about the NLRB and its feelings on “protected concerted activities” and social media policies. After all, there are other social media and employment law issues worth considering from...more
The “suggestion box” seemingly goes back to the dawn of time. In 2015, the cardboard carton, manila folder, or plastic shelf physically attached to the outside of the door has been replaced by the virtual, online suggestion...more
In This Issue:
- Message from the Chair
- On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind?
- The 2014 Supreme Court Decisions Every Employer Should Know
- What to Expect from the...more
1/2/2015
/ Affordable Care Act ,
Barack Obama ,
Big Data ,
Cybersecurity ,
E-Verify ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Form I-9 ,
Immigration Procedures ,
Legislative Agendas ,
LGBTQ ,
Marijuana ,
Medical Marijuana ,
NLRB ,
PDA ,
Pregnancy ,
SCOTUS ,
Social Media ,
Social Media Policy ,
Strategic Enforcement Plan ,
Unpaid Interns ,
Whistleblowers
This is the time of year to anxiously look forward to all that is anticipated to come in 2015. But it is also the time to look back at all that has happened in 2014. Rather than simply give you links to all of my stimulating...more
12/19/2014
/ Advertising ,
Cybersecurity ,
Data Protection ,
Employer Liability Issues ,
Facebook ,
Harassment ,
Holiday Parties ,
NLRB ,
RLUIPA ,
Social Media ,
Social Networks ,
Text Messages ,
Wage and Hour
Unlike many issues, it seems that at least one issue (so far) has the NLRB on the same page as a recent court decision: whether clicking “like” on Facebook amounts to substantive, protectable speech. In my earlier blog posts...more
We have come to this in our workplaces, in the lyrics of Annie Lennox: “No more ‘I love you’s.” Please enjoy today’s guest post from one of your employees:
I have difficulty getting close to people. I have trouble...more
Here’s the truth: we are a litigious society. For a lot of reasons beyond the scope of this blog, a smarter workforce with ever-increasing access to information and resources continues to file employment lawsuits in record...more
6/12/2014
/ Automotive Industry ,
Corporate Counsel ,
Employee Rights ,
Hiring & Firing ,
NLRA ,
NLRB ,
Obscenity ,
Popular ,
Protected Concerted Activity ,
Section 7 ,
Termination ,
Trucking Industry
The NLRB continues to push for a share of the employment law spotlight. It also continues to act in a way that shows why its “precedent” is truly only “precedent” when the political winds don’t change.
...more
There seems to be room in the sandbox for lots of people to play.
Recent recesses have seen the NLRB dominate the discourse over the do’s and don’ts when it comes to social media and employment law. But another federal...more
We’ve spent a lot of time talking about how the NLRB continues to have problems with policies and practices that prohibit employees from engaging in vague, undefined behavior that could constitute “protected concerted...more
I loved the holiday season. But if I could look back and point to one part of the 2013 holidays that really bothered me, it is this: the incessant Michael Bolton appearances in those Honda commercials. Every two seconds,...more
This is the time of year to anxiously look forward to all that is anticipated to come in 2014. But it is also the time to look back at all that has happened in 2013. Rather than simply give you links to all of the stimulating...more
12/23/2013
/ Bring Your Own Device (BYOD) ,
Cybersecurity ,
Facebook ,
Free Speech ,
Hackers ,
Harassment ,
Holidays ,
Logos ,
NLRB ,
Passwords ,
Social Media ,
Wage and Hour
In prior posts, I summarized the three-step analysis that employers should use before taking adverse action against an employee because of that employee’s social media activity:
1. Was the social...more
What a quagmire we find ourselves in. Actually, that the NLRB finds itself in. Although continuing to issue rulings and advice memoranda in a sort of free- and unfettered-looking way, the question of the NLRB’s authority to...more
Wow. Front page of the New York Times Business Section. This stuff must be important.
Steven Greenhouse authored a piece in yesterday’s Times, in which he summarizes the lay of the land with social media and the...more
Happy New Year. So much has happened while you spent the holidays undoubtedly velobinding and wrapping the 2012 archives of this blog for your friends and loved ones. So I thought I’d welcome everyone back by updating some...more
In This Issue:
- Message from the Chair
- A Second Obama Administration’s Impact on Labor and Employment Issues
- Will There be Comprehensive Immigration Legislation After the 2012 Presidential...more
1/1/2013
/ Affordable Care Act ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hurricane Sandy ,
Immigration Reform ,
NLRB ,
OSHA ,
Same-Sex Marriage ,
Social Media ,
USERRA ,
Wage and Hour