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NLRB’S General Counsel Releases New Social Media Report Containing Much Needed Guidance on Lawful Social Media Policies
For the second time this year, the office of the National Labor Relations Board’s acting general counsel Lafe Solomon has released a report summarizing how his office has addressed various complaints relating to social media policies, or disciplinary actions taken in response to employee social media activity. As this report shows, the Board’s focus in social media cases remains whether a policy or disciplinary action violates the rights afforded to employees by Section 7 of the National Labor Relations Act (“NLRA”), including the right to “engage in . . . concerted activities for the purposes of collective bargaining or other mutual aid and protection.” In an effort to protect these rights, the Board has filed numerous complaints against employers whose social media policies may “reasonably” be read to restrict employee’s rights to discuss their terms and conditions of their employment online with co-workers or other third parties. This ambiguous standard has led… Continue Reading
At Facebook, There Are Rules to Sharing
After a widely-publicized, disappointing initial public offering, Facebook may be a bit more sensitive about its intellectual property and protecting the company’s value. While unquestionably the top dog in social media, the company faces increased competition in an expanding social media market. To dethrone Facebook, however, an emerging social media company must convince loyal Facebook users to either split time between two social media sites or to make a complete switch from Facebook. Most users are reluctant to even flirt with change because of the multitude of photos and data stored over their years on Facebook, as well as the base of “friends” accumulated. It would simply require too much time and effort to rebuild their social media presence on a new site. Recognizing a market for those who would like to switch to a Facebook-esque social media site, like Google+, third-parties create apps and tools to make the transition… Continue Reading
Kids These Days: Federal Court Dislikes Service Via Facebook
Just when it looked like Facebook was set to be the next big thing in service of legal process, one federal court is having none of it. In an order dated June 7, 2012, U.S. District Judge John Keenan denied a request by Chase Bank to use Facebook to serve legal process on an alleged identity thief, according to this report at paidContent. In February, we discussed how a British High Court judge had allowed service of process via Facebook in a commercial dispute. And we asked: Will U.S. courts follow? The answer, at least in this case in the Southern District of New York, is forget about it. Instead, the court instructed the Chase Bank to use the decidedly old-media method of placing ads in local newspapers in and around the town of Hastings, New York. “A local newspaper is the most likely means by which to apprise [the… Continue Reading
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