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Socially Aware Blog The Law and Business of Social Media

Tag Archives: Labor Law

Refining the First Amendment Status of Social Media Activity by Government Employees

Posted in Employment Law, First Amendment, Litigation, Supreme Court

The Supreme Court’s 1968 decision in Pickering v. Board of Education allows governmental employers, including law enforcement agencies, to fire or discipline employees for disrupting operations with excessive complaining, but it prohibits governmental employers from firing or disciplining an employee for speaking out on matters of public concern as a private citizen if the employee’s… Continue Reading

New California Law Limits Employer Access to Employee Social Media Accounts

Posted in Employment Law, Privacy

On September 27, 2012, California Governor Jerry Brown signed a bill that restricts employer access to the “personal social media” of employees and applicants for employment. Assembly Bill 1844 (“AB 1844”) adds to the California Labor Code new section 980.  Under this section, an employer may not “require or request” an employee or applicant to… Continue Reading

The NLRB Weighs In (Again) On Social Media Policies

Posted in Employment Law

With the issuance of its third guidance document on workplace social media policies in the past year, the National Labor Relations Board (NLRB) continues to refine its position on how to craft workplace social media policies that are consistent with the terms of the National Labor Relations Act (NLRA). Section 7 of the NLRA provides… Continue Reading

NLRB Report Provides Guidance to Employers on Social Media Issues

Posted in Employment Law

On August 18, 2011, the National Labor Relations Board’s (“NLRB”) Office of the General Counsel released a report discussing the outcome of fourteen cases that its Division of Advice has investigated this year involving social media use in the employment context.  While the report does not reflect actual decisions of the NLRB, it does indicate the… Continue Reading

NLRB Gets Worked Up Over Social Media Policies

Posted in Employment Law

The National Labor Relations Board (“NLRB”) remains vigilant regarding the interaction between social media and the workplace, and has continued to focus on the impact of restrictive social media policies on employee rights under the National Labor Relations Act (“NLRA”).  In an effort to issue uniform guidance on this emerging issue, all NLRB regional offices… Continue Reading