alternative,” says Joseph Costello, a
partner with Morgan, Lewis & Bockius
In addition, social media’s popularity
as a broad-based communication tool has
exploded and employers are struggling
to catch up with how to protect their own
interests while not violating employee
rights related to the National Labor
Relations Act, free speech or privacy.
The most recent ruling on social
media and employee policies came
in December 2015, when the Second
Circuit Court of Appeals upheld an
NLRB decision that an employer, Triple
Play Sports Bar, had wrongfully fired two
employees. In the now-well-publicized
case, one worker had complained on
Facebook that her employer had not
withheld enough taxes from her pay.
Another employee “liked” it, and the
company fired both workers for violating
its social-media policy.
BY MAURA C. CICCARELLI list (see pages 23 through 31) for an examination of, and advice on, the highly
nuanced social-media-policy landscape.
No surprise that, almost to an
attorney, they agreed that the current
National Labor Relations Board has
been mightily proactive in supporting
employees’ rights to discuss wages, hours
and working conditions publicly beyond
the workplace, extending this right to
employees who are not unionizing.
“The composition of the NLRB as
appointed by President Obama has a
much more pro-employee, pro-union
approach. The board has taken the
position that it wants to encourage
employees to consider unions as an
When it comes to employee policies covering social media, the online environment has become a tricky space where employers need to tread very, very carefully … and even then, they might not get it right.
To learn how companies can
improve how they craft their employee
social-media policies to tackle this
thorny subject, Human Resource
Executive® turned to some of the top
employment-law minds from this year’s
Most Powerful Employment Attorneys
Establishing guidelines to protect company reputations while
upholding employees’ rights to talk about their jobs and conditions
has become a top employer concern in today’s online world.
The Slippery Slope of Social