Articles and Blogs

Social Media

Facebook and the NLRB – What’s Not to “Like”

[11/02/15]

Posted on November 2, 2015 in HR Insights for Health Care

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Over the years, we have “followed” the NLRB’s analysis of employer social medial policies. Employee’s “Like” of Another’s Facebook Rant Is Protected The evolution continues. On October 21, in an unpublished opinion, the Second Circuit (with district courts in Connecticut, New York and Vermont) affirmed the NLRB’s August 2014 decision in the controversial Triple... READ MORE

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Oh the Profanity! NLRB Protects Vulgar Comments Again

[04/28/15]

Posted on April 28, 2015 in HR Insights for Health Care

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The NLRB has again decided that using profanity-laced Facebook postings specifically aimed at management is legally protected.  This decision  by two members of the NLRB, despite one strong dissent, continues the pattern of granting legal protections to employees who use profanity in exercising their protected rights in support of a union or other group... READ MORE

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Employee’s Offensive Facebook Posts About a Customer – Is Employer Liable?

[03/04/15]

Posted on March 4, 2015 in HR Insights for Health Care

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Employers may run into trouble with employees and the NLRB for interfering with protected activity if social media posts are restricted. On the other hand, employers could be liable to customers if they permit employees to post hostile statements and information. This quandary was highlighted by the holding in a recent federal court case. Was... READ MORE

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NLRB Doesn’t “Like” Facebook Insubordination Threats

[11/20/14]

Posted on November 20, 2014 in HR Insights for Health Care

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Although the NLRB has been very protective of employees’ rights to comment on Facebook, sometimes employees can go too far.  In this recent case, the legal line between protected activity and unprotected activity was crossed when two employees openly planned to be insubordinate.

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Overbroad Social Media Policies – This One’s OK…Maybe

[07/21/14]

Posted on July 21, 2014 in HR Insights for Health Care

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Moving Target of Compliance Over the past few years, we have written about the NLRB’s focus on private employer social media policies (see the references to our past HR Insights Blog posts below).  The decisions are hard to reconcile, and employers (and their advisors) are left to guess what may be seen by the NLRB... READ MORE

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Finally! NLRB Has Five Senate-Confirmed Members

[08/13/13]

Posted on August 13, 2013 in HR Insights for Health Care

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On August 12, 2013, for the first time since August 21, 2003, the National Labor Relations Board has a full complement of five Senate-confirmed members. Four new members, all nominated by President Obama and confirmed last month by the U.S. Senate, have been sworn into office. NLRB Chairman Mark Gaston Pearce was also confirmed... READ MORE

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The Importance of Social Media Policies

[08/13/13]

Posted on August 13, 2013 in Health Information Technology

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Social media is becoming more and more prevalent and diverse, and entities in the health care field are encountering new issues related to social media.  Health care entities should have in place current social media policies to ensure that employees understand their obligations when it comes to protecting proprietary and confidential information.

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NLRB Attacks Employer Handbooks – Again

[02/09/13]

Posted on February 9, 2013 in HR Insights for Health Care

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Confidentiality, Public Relations and Blogging Policies Held to Be Unlawful As we reported in our Employment Law News article in January, the NLRB has been very active in challenging any employer policy that could reasonably be understood by an employee to interfere with rights protected under the National Labor Relations Act (“NLRA”).  The NLRA... READ MORE

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Michigan’s New “Internet Privacy Protection Act”

[01/02/13]

Posted on January 2, 2013 in HR Insights for Health Care

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Michigan Governor Signs “Internet Privacy Protection Act.” The Basics of the New Michigan Law On December 28, 2012, Governor Rick Snyder of Michigan signed into law the Internet Privacy Protection Act.  In general, the law, which takes effect immediately, prohibits an employer from requesting that an employee or applicant disclose or provide access to... READ MORE

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