The NLRB Report On Employer Social Media Policies: What’s Unlawful and What Works


by Sayema Hameed

Employee use of social media is a big topic these days.  It is increasingly common to hear news of an employee getting fired for posting unfavorable comments about his or her employer on Facebook and other social media websites.  As a result, in August 2011 and January 2012, the Acting General Counsel of the National Labor Relations Board Acting (“NLRB”) issued reports analyzing cases of employee termination due to social media use.

On May 30, 2012, the NLRB issued a third report on social media.  This report focuses exclusively on employer social media policies and provides specific examples of what is lawful and unlawful under the National Labor Relations Act (“NLRA”).

NLRB Delays Employee Rights Poster Rule


by Sayema Hameed

The National Labor Relations Board (“NLRB”) has delayed implementation of its rule requiring employers covered by the National Labor Relations Act (“Act”) to post a notice in the workplace advising employees of their rights to organize under the Act.  The poster rule, which was originally scheduled to go into effect on January 31, 2012 and then delayed to April 30, 2012, has been the subject of several lawsuits.  On April 17, 2012, the U.S. Court of Appeals for the District of Columbia Circuit issued an emergency injunction against the poster rule, in National Association of Manufacturers v. NLRB, No. 12-5068.  The Court also ordered briefing and oral argument in September 2012.

Reminder: Employee Rights Poster Requirement Effective April 30, 2012


by Sayema Hameed

Effective April 30, 2012, most private sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act (“Act”).  This notice requirement will apply to most private sector employers (excluding agricultural, railroad, airline, and the US Postal Service).  This rule does not apply to very small employers whose annual volume of business is not large enough to have a more than a slight effect on interstate commerce.  However, the rule does apply to retail businesses (including home construction) that have a gross annual volume of business of $500,000 or more.  The rule also applies to most non-retail businesses with an annual inflow or outflow across state lines of at least $50,000.  Employers can read the final rule, get more information and download the poster free of charge from the National Labor Relations Board website: https://www.nlrb.gov/poster

Employee Rights Notice Posting Requirement Effective April 30, 2012


by Sayema Hameed

Effective April 30, 2012, most private sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act (“Act”). This notice requirement will apply to most private sector employers (excluding agricultural, railroad, airline, and the US Postal Service) and is meant to inform both unionized and non-unionized employers of their rights under the Act. Employers can get more information and download the notice from the National Labor Relations Board website: https://www.nlrb.gov/poster