1.
Facebagged, Twerminated,
and NetWORKed:
Social Media and the Law
Kelli P. Lieurance
Baird Holm LLP
(402) 636-8298
klieurance@bairdholm.com

2.
Misunderstood Concepts
• Freedom of
Speech/First
Amendment
• Right to Privacy

3.
Recent NLRB Developments

4.
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.”

5.
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.

6.
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?

7.
Recent Board Decisions

8.
Non-Compete Agreements

9.
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
-----------------

10.
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

11.
Miscellaneous

12.
HIPAA

13.
Ownership of Accounts

14.
Technology Developments, the
FLSA, and Beyond

15.
Pokémon Go

16.
Wearables at Work

17.
LinkedIn Reference Checks

18.
Consent to Post?

19.
Is a Facebook “Like” Free
Speech?
= ?

20.
Social Media Isn’t All Bad

21.
Wanna be my “friend”?

22.
Passwords—Gimme, gimme,
gimme?

23.
I’m not just the President, I’m
also a client…

24.
“Kardashian” Disclosure Rule

25.
Questions?
Follow me on Twitter!!
@Employ_attny