Workforce Bulletin

As featured in #WorkforceWednesday®: This week, we examine how employers should address controversial employee social media activity, especially amid widespread social tension such as that seen after the murder of Charlie Kirk.

An employee’s off-duty conduct can be grounds for termination, but disciplining employees always carries some risk. Recent online discussions surrounding the public murder of Charlie Kirk have spurred firings across the nation, leaving employers exposed to backlash for their action or inaction.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Kimberly C. Carter offers guidance on addressing employee social media activity, emphasizing the importance of clear, proactive policies to set expectations and outline consequences.

With the potential “tendency of many to ‘overshare,’ documenting everything from their breakfast to their favorite Marvel™ villain” on social media, as recognized in at least one court opinion[1], perhaps unsurprisingly, some employers might consider social media to be a valuable source for insight about applicants or employees.  Assembly Bill A836/Senate Bill S2518A (the “Personal Accounts Law”), signed into law by Governor Kathy Hochul on September 14, 2023, however, will soon place new limits on New York employers that seek access to an employee’s or ...

On March 18, 2015, NLRB General Counsel Richard F. Griffin, Jr. issued General Counsel Memorandum GC 15-04 containing extensive guidance as to the General Counsel’s views as to what types employer polices and rules, in handbooks and otherwise, will be considered by the NLRB investigators and regional offices to be lawful and which are likely to be found to unlawfully interfere with employees’ rights under the National Labor Relations Act (“NLRA” or the Act”).

This GC Memo is highly relevant to all employers in all industries that are under the jurisdiction of the National ...