Topic: Social media policies

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Gripes and rants on Facebook: Not protected concerted activity

Photo of Heather Sherrod (US)By Heather Sherrod (US) on Posted in Employment and labor, Social media policies
On May 8, 2013, the National Labor Relations Board (“NLRB”) released a memorandum providing guidance on whether an employee’s Facebook comments with current and former co-workers constituted protected, concerted activity. The memorandum was prepared in response to an employer’s request for advice about whether it violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) … Continue reading

The NLRB and employer social media policies

Photo of Heather Sherrod (US)By Heather Sherrod (US) on Posted in Employment and labor, Social media policies
The highly respected Pew Center recently released its demographic data on social media usage. The data shows that regardless of age, race, sex, education, or income, well over half of the adults in the United States who use the internet, use social media.  It is therefore reasonable that employers would formally address their expectations of … Continue reading

SEC approves social media for company announce- ments if investors are alerted

Photo of Josh PleitzBy Josh Pleitz on Posted in Social media policies
On April 2, 2013, the Securities and Exchange Commission (the “SEC”) issued a report (the “Report”) indicating that companies can use social media, such as Facebook and Twitter, to announce key information in compliance with Regulation Fair Disclosure (“Regulation FD”), provided that investors have been informed of which social media outlet will be used to … Continue reading

Owning your social media: Drafting a social media use policy

Photo of Jay Greathouse (US)Photo of Heather Sherrod (US)By Jay Greathouse (US) and Heather Sherrod (US) on Posted in Social media policies
As more companies recognize the brand value created and sustained through social media, there is greater interest in preserving social media accounts for company use and retaining the follower, member or “friend” base that has been built over time. Simultaneously, an increasing number of employees believe that the social media accounts are not company property … Continue reading

Amending Social Media Site User Agreements

Photo of Susan Ross (US)By Susan Ross (US) on Posted in Social media policies
Many companies are joining various social media sites, but how many sites’ user agreements conflict with companies’ policies and requirements? It may be simpler for a government agency to join a social media site than a corporation, thanks to the U.S. General Services Administration (“GSA”).  The GSA, representing federal government agencies, has negotiated amendments to … Continue reading

NLRB Still Scrutinizing Social Media Policies

By Teri Danish on Posted in Employment and labor, Social media policies
On November 15, 2012, the National Labor Relations Board again rejected an employer’s social media policy because it could be construed to chill employees’ rights to join together for mutual aid and protection. Dish Network’s employee handbook banned employees from making “disparaging or defamatory comments” about the company. Relying on the NLRB’s  recent decision invalidating … Continue reading
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