Facebagged, Twerminated & NetWORKed: Social Media & the Law - Kelli Lieurance
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The document discusses the intersection of social media and labor law, particularly focusing on the National Labor Relations Act (NLRA) and employee rights concerning workplace policies. It outlines that employer rules may violate NLRA if they chill employees' rights, even if not explicitly stated. Recent board decisions on various legal issues related to non-compete agreements and social media use are also referenced.
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Facebagged, Twerminated & NetWORKed: Social Media & the Law - Kelli Lieurance
- 1. Facebagged, Twerminated, and NetWORKed: Social Media and the Law Kelli P. Lieurance Baird Holm LLP (402) 636-8298 [email protected]
- 3. Misunderstood Concepts • Freedom of Speech/First Amendment • Right to Privacy
- 5. General Background • The NLRA prohibits an employer from promulgating workplace rules/policies that would “reasonably tend to chill employees in the exercise of their Section 7 rights.”
- 6. General Background • A rule that does not expressly restrict protected activity may nevertheless violate this section of the NLRA if: 1. Employees would reasonably construe the policy’s language to prohibit Section 7 activity; 2. The rule was promulgated in response to union activity; or 3. The rule has been applied to restrict the exercise of Section 7 rights.
- 7. Can You Do the Following? • Require employees to post disclaimers and warnings? • Prohibit use of Company logo? • Prohibit use of Company e-mail for unionizing? • Require confidentiality in severance or settlement agreements? • Regulate employee social media activity on behalf of Company? • Prohibit “selfies” at work?
- 10. TEKSystems v. Hammernick Tom— Hey! Let me know if you are still looking for opportunities! I would love to have you come visit my new office and hear about some of the stuff we are working on! Let me know your thoughts! Brelyn -----------------
- 11. TEKSystems v. Hammernick Hi Brelyn, Indeed I am still looking. I have time, though! Lets get together. Where are you working these days? Your profile still has you working at TEKSystems. BTW - my email address is _______ if you would prefer the non-LinkedIn route. Tom
- 12. Miscellaneous
- 13. HIPAA
- 15. Technology Developments, the FLSA, and Beyond
- 16. Pokémon Go
- 19. Consent to Post?
- 20. Is a Facebook “Like” Free Speech? = ?
- 21. Social Media Isn’t All Bad
- 22. Wanna be my “friend”?
- 24. I’m not just the President, I’m also a client…
- 26. Questions? Follow me on Twitter!! @Employ_attny