social media policy
Subscribe to social media policy's Posts

Off-Duty Conduct: COVID-19 and Social Media Ranting—What’s an Employer to Do?

Many employers who recently reopened are now facing a new challenge—employee off-duty conduct. At stake are both workplace and customer safety as well as the company’s reputation. A recent webinar featuring McDermott’s Michael Sheehan, Ron Holland, Abigail Kagan and Brian Mead covers various scenarios employers are likely to face and provides practical strategies to navigate and mitigate potential risk. Access key takeaways.

Continue Reading

ALJ Finds Employee’s Facebook Comments Unrelated to Working Conditions are not Protected Under the NLRA

by Stephen D. Erf, Heather Egan Sussman and Sabrina E. Dunlap Two weeks ago, we wrote about a decision from an Administrative Law Judge (ALJ) (available here) finding that the National Labor Relations Act (NLRA) protected an employee’s Facebook comments made about his employer.  Last week, an ALJ issued another decision involving social media and the NLRA, finding that an employee had engaged in some protected activity, but that he was ultimately fired for other, unprotected activity.  In Karl Knauz Motors, a former salesperson claimed that he was fired after he posted pictures and comments on Facebook criticizing his employer’s choice of serving hot dogs at a sales event introducing the new BMW 5-series.  The National Labor Relations Board (NLRB) recently issued a report related to social media (found here), in which it noted the employee’s posts in the BMW case were protected activity because they related to the terms and conditions of employment. While the...

Continue Reading

Administrative Law Judge Finds Employer Unlawfully Discharged Employees Based on Facebook Posts

by Stephen D. Erf, Heather Egan Sussman and Sabrina E. Dunlap In a first of its kind ruling, a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) found that an employer unlawfully terminated five employees because they posted comments on Facebook related to working conditions.  This is a landmark decision because, up to this point, employers have only been able to rely on the prosecution trends of the General Counsel’s office, including a recently issued report on the topic, and not actual decisions by the adjudicative body of the NLRB. This landmark case involved an employee of Hispanics United of Buffalo (HUB) (a nonunionized organization), who posted a message on Facebook sharing critical comments made by a coworker concerning employees’ poor job performance and asking for the employees’ reactions.  Five employees commented on the post, defending their job performance and criticizing the critical employee and their working conditions,...

Continue Reading

STAY CONNECTED

TOPICS

ARCHIVES