NLRB’s Social Media Policy: What Employers Need to Know
In light of recent cases such as Costco and Knauz, the National Labor Relations Board (NLRB) issued a memorandum that will help employers in drafting their company’s social media policy. The memorandum and the decisions made by NLRB both suggest that the social media policy should take in consideration employees’ free speech right and other regulations under National Labor Relations Act (NLRA). In this regard, companies should consider reviewing their policies in order to avoid pitfalls suggested by the guidance.
The Knowledge Group has assembled a team of experts who will help you understand the most important aspects of this issue. Going beyond the basic mechanics, our panel of experts will present their thoughts and opinions on how to best comply with NLRB’s Social Media Initiative. They will also present their findings on its possible impact on your business and will share their best practices in drafting and implementing your social media policy.
M.J. Asensio, Partner,
Baker & Hostetler LLP
o What is “Protected” and “Concerted” activity?
o The impact of Noel Canning
o Enforcement under the present General Counsel
- Understanding the Costco & Knauz decisions
- What does the future hold?
Margaret Keane, Shareholder,
Littler Mendelson PC
Current Challenges in Drafting Social Media Policies
- Using disclaimers or curing language to make it clear that your policy does not relate to section 7 activity
- Protecting your confidential information and trade secrets without running afoul of NLRB restrictions on posting of confidential information
- Responding to the NLRB’s concerns about restrictions of the use of employer name or logo in social media postings
- When does social media monitoring cross the line into surveillance and unfair labor practices
Monica Velazquez, Partner,
Strasburger & Price, LLP
- The NLRB’s shifting and restrictive position on social media policies; the three NLRB memos and counting;
- Does your social media policy allow you the flexibility to protect your company’s confidential information?
- Can/should you discipline employees under your social media policy?
- Other social media practices to avoid as an employer — such as social media background checks and “shoulder surfing” (asking employees to log in to Facebook and show posts before you hire them).
Who Should Attend:
- Human Resources Executives & Managers
- In-house Counsel
- In-house Counsel
- Risk Officers and Administrators
- Chief Compliance Officers
- Chief Marketing Officers
- Data Security Professionals
- Marketing and Advertising Professionals
- IT lawyers
- Managers who oversee employees utilizing social media
- Other Related/Interested Professionals
M.J. (“Mike”) Asensio practices in the area of management labor and employment law. He is a nationally recognized employment and labor practitioner and has extensive experience managing employee relations for clients in the healthcare, aerospace, transportation, manufacturing and energy industries. He serves as the national leader of the firm’s Labor Relations Team and his practice also encompasses employment ligation, executive compensation and employment counseling.
With regard to labor relations, Mike has extensive experience representing employers in union organizational drives, especially those involving very large or complex voting units. He has handled several organizational drives involving 1,000 or more employees. He successfully represented a client in one of the largest representation elections ever conducted by the National Labor Relations Board, involving 17,000 employees. Mike is experienced in organizational development, work stoppages and strikes, negotiation and administration of labor contracts, labor arbitrations, negotiation of employment contracts, wrongful discharge and employment-at-will litigation, federal and state civil rights litigation and federal and state wage hour disputes. He counsels clients on general employment relations matters, including the drafting of personnel policies and procedures to ensure compliance with federal and state law.
His practice extends to executive compensation matters, especially those involving tax-exempt organizations. He actively counsels compensation committees with regard to compliance and audit issues, as well as governance matters involving executive compensation.
M.J. (“Mike”) Asensio practices in the area of management labor and employment law. He is a nationally recognized employment and …
Margaret Keane is a Shareholder with the firm of Littler Mendelson, P.C. She represents employers in discrimination, wage and hour and non-compete matters (and has done so for over 15 years). Her practice focuses on the intersection of technology and the workplace and works with clients to address the challenges and opportunities of social media, privacy, mobile device policies (“BYOD”) and information governance matters in today’s workplace.
Margaret Keane is a Shareholder with the firm of Littler Mendelson, P.C. She represents employers in discrimination, wage and hour …
Monica Velazquez represents a variety of clients in the area of labor and employment law, including the defense of discrimination, harassment and retaliation claims, counseling on compliance with Title VII, the Family Medical Leave Act, USERRA, other statutes enforced by the state and federal agencies, and drafting of employee handbook policies, and providing employee training.
Monica is a Board-certified labor and employment attorney, and also provides knowledgeable advice on all types of employment agreements, contracts, non-competition, non-solicitation, non-disclosure, and severance agreements.
Monica also represents school districts, housing authorities, special districts and governmental entities in employment law matters.
Monica Velazquez represents a variety of clients in the area of labor and employment law, including the defense of discrimination, …
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About Baker & Hostetler LLP
BakerHostetler, one of the nation’s largest law firms, represents clients around the globe. With offices coast to coast and more than 800 lawyers, clients count on BakerHostetler to help them grow and protect their businesses in a complex business and regulatory environment.
BakerHostetler has five core practice groups: Litigation, Business, Employment, Intellectual Property and Tax. Within these groups are several large specialty practices, including antitrust, bankruptcy, health care, energy, middle market M&A, complex commercial litigation, data privacy and security, patent prosecution and international tax. Our attorneys have broad knowledge and experience in many industries, including energy, media, manufacturing, healthcare, financial services and insurance, consumer products, and hospitality.
At BakerHostetler we distinguish ourselves through our commitment to the highest standard of client care. By emphasizing an approach to service delivery as exacting as our legal work, we are determined to surpass our clients’ expectations.
About Littler Mendelson PC
Littler Mendelson is the world’s largest labor and employment firm exclusively devoted to representing management. With over 950 attorneys and 56 offices throughout the U.S. and globally, Littler has extensive resources to address the needs of U.S.-based and multi-national clients from navigating domestic and international employment laws and labor relations issues to applying corporate policies worldwide. Established in 1942, the firm has litigated, mediated and negotiated some of the most influential employment law cases and labor contracts on record. For more information, visitwww.litter.com
About Strasburger & Price, LLP
Since 1939, Strasburger has been recognized as one of the premier law firms in Texas, both in the courtroom and in the board room. Their wide-ranging areas of practice, office locations, and size allows the firm to handle the needs of start-ups, mid-sized and Fortune 500 companies, particularly those based in Texas. With experience in over 30 practice areas, Strasburger goes beyond providing comprehensive legal services. Their attorneys devote the time to learn the nuances and drivers of clients’ businesses, helping them identify and take advantage of new opportunities within their industries.breadth of our legal and technical knowledge, coupled with years of experience in helping clients create and strategically manage global intellectual property assets, uniquely positions us to be a valued member of the client team.