News & Analysis as of

Facebook Offensive Language

Saiber LLC

Appellate Division Upholds Termination of Employee Based on Her Facebook Posts

Saiber LLC on

​​​​​​​On March 21, 2024, the New Jersey Appellate Division issued a decision in Zack v. Integra Lifesciences Corp. in which the court upheld the termination of a White woman based on public posts she made on Facebook during...more

Hogan Lovells

Practical Pointers: Social Media Guidelines for Public Officials (and the People who Advise Them)

Hogan Lovells on

Social media has transformed the ways legislators and their staff interact with constituents. Through social media platforms, our elected officials share insights into the legislative process, communicate with constituents,...more

Pullman & Comley - Labor, Employment and...

Second Circuit Identifies Outer Limits of NLRA-Protected Speech

The National Labor Relations Act (NLRA) generally prohibits employers from retaliating against employees based on their union-related activities or for taking concerted action to improve the terms and conditions of their...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Rules on Bounds of Protected Concerted Activity

In a case at the edges of protected employee conduct during a union organizing drive, the Second Circuit Court of Appeals last week found that an employee’s expletive-laden Facebook post cursing out his boss—and his boss’s...more

Parker Poe Adams & Bernstein LLP

Expletive-Laced Facebook Rant Protected Under Federal Labor Law

Many people have fanaticized about telling their boss what they really think about him or her. Fortunately, most employees have the good sense not to write down what they are thinking about their employer....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

!@#$% Vote Yes for the UNION! Facebook Post Protected by the NLRA? Second Circuit Says Yes

In National Labor Relations Board v. Pier Sixty, LLC, No. 15-1841 (April 21, 2017), the Second Circuit upheld the National Labor Relations Board’s (NLRB) finding that an employee’s Facebook post, although “vulgar and...more

Obermayer Rebmann Maxwell & Hippel LLP

Every Manager and Their Mother: Second Circuit Shields Social Media Insults against Supervisor and His Entire Family

On Friday, April 21, 2017 a Second Circuit Court of Appeals panel affirmed a National Labor Relations Board ruling that a catering company server was wrongfully terminated for making an obscene and vicious Facebook post that...more

Morrison & Foerster LLP - Social Media

Social Links: Social’s potential to upend the investment industry; online ad fraud; a proposal to fix Twitter

Social media has upended a number of industries. Is Wall Street next? Facebook is getting into the video game live-streaming business....more

Parker Poe Adams & Bernstein LLP

Second Circuit Affirms NLRB View That Facebook "Likes" Are Protected Concerted Activity

Last week, the Second Circuit Court of Appeals backed the National Labor Relations Board’s position that employee social media postings are protected concerted activity under federal law, even if they use obscenities that...more

Lewitt Hackman

When Bad Things Happen to Good People...On the Internet

Lewitt Hackman on

The internet has generated countless new ways to communicate and share thinking. Some posted information is negative, which can still be useful when messages are truthful, in good taste, and constructive. But some negative...more

Allen Matkins

Is Posting Obscenities Aimed At Supervisor On Facebook A Terminable Offense?

Allen Matkins on

Maybe not, according to a recently published NLRB decision. In Pier Sixty LLC, a majority of a three-member NLRB panel affirmed an ALJ’s decision that the employer violated Section 8(a)(1) and (3) of the National Labor...more

Robinson & Cole LLP

NLRB determines vulgar Facebook posts protected concerted activity

Robinson & Cole LLP on

The National Labor Relations Board (NLRB) determined that Pier Sixty LLC, a New York catering service, violated federal labor law by firing an employee server after he posted a Facebook message protesting supervisory abuse...more

Mintz - Employment, Labor & Benefits...

NLRB Holds Employee’s Obscene Facebook Post Criticizing Supervisor is Protected

We have written previously about the expanding scope of social media activities that the National Labor Relations Act protects and the tight limits the NLRB places on an employer’s ability to discipline employees for...more

Franczek P.C.

NLRB Finds Employee’s Extremely Profane Facebook Post was Protected Concerted Activity

Franczek P.C. on

The National Labor Relations Board recently demonstrated how far it will go to protect employees in the name of protected concerted activity. In Pier Sixty, LLC, an employee took to Facebook to call his manager a...more

Parker Poe Adams & Bernstein LLP

NLRB Rejects Profane Employee Facebook Rant as Grounds for Termination

For decades, the National Labor Relations Board has recognized boundaries on employees’ rights to engage in activity protected under federal labor laws. While employees have been granted leeway to engage in heated or...more

Cozen O'Connor

Are You A Nasty Mother Fu*ker?

Cozen O'Connor on

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

Allen Matkins

Court Denies Summary Judgment to Employer on Professor’s Allegations He Was Denied Tenure After Reporting Inappropriate Facebook...

Allen Matkins on

A federal court in Oklahoma recently denied summary judgment to Northeastern State University, finding that a professor’s discrimination and retaliation claims, among others, could proceed to trial. The professor, Dr. Leslie...more

Gray Reed

Thinking of buying your child their own laptop or smart phone? Read this first – a look at whether parents are liable for their...

Gray Reed on

A Georgia seventh-grader created a fake Facebook profile that defamed a classmate, according to this Wall Street Journal story. In middle school fashion (I am not looking forward to parenting through this period), a boy...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide