Facebook Postings Were Protected Activity under NLRA: Hispanics United of Buffalo, Inc. v. Ortiz

by Joseph U. Leonoro As we have discussed before on this blog, the National Labor Relations Board ("NLRB") is focusing much attention on social media. In particular, several complaints have been filed recently that allege that employers have retaliated against employees who have used...

Foley & Lardner Labor and Employment Law Weekly Update (Week of September 19, 2011)

Hispanics United of Buffalo - The NLRB Goes Online! by John Douglas A little known feature of the federal law governing labor relations in the private sector - the National Labor Relations Act (NLRA) - is the right of even non-unionized employees to engage in so-called "protected concerted"...

NLRB Judge Holds Nonprofit Unlawfully Discharged Employees For Facebook Posts

A National Labor Relations Board Administrative Judge has found that a Buffalo nonprofit unlawfully discharged employees after they posted Facebook comments about working conditions including work load and staffing. Click here for NLRB site announcement. Following a co-worker's comments on Facebook...

Social Media and the NLRB: Getting Both Sides of the Story

When the media first began covering the NLRB's settlements involving discipline of employees for using Facebook, the impression that was given was that the settlements reflected established NLRB policy. In reality, the settlements were no more than that; the employer position in a given case...

The Social Media Trifecta – The SHRM, Nielsen and NLRB Reports – Part Three

Jumping back into part three of the trifecta, addressing the impact of social media on the policies and practices of companies, the NLRB released a report detailing 14 cases from the past year - many of which I covered in Employment and the Law . I read this report awhile back, but never got around...

Why We Put Plaintiffs to Their Proof

Because of the relative newness of the issue, it always seems newsworthy when the NLRB issues a social-media decision. World Color (USA) Corp. (NLRB 2/12/14) [ an enhanced version of this decision is available to lexis.com subscribers ], however, is much ado about nothing, but nevertheless reminds us...

Does the NLRB "Like" Your Social Media Policy?

A recent decision from the National Labor Relation Board's ("NLRB's") Division of Judges further exemplifies the NLRB's proactive approach in scrutinizing both union and non-union employers' social media policies. In Kroger Co. v. Granger , the judge found that several provisions...

Facebook Firing Causes Unfair Labor Practice Double Play For NLRB

In Triple Play Sports Bar & Grille [pdf] , the NLRB unanimously concluded that an employer unlawfully fired two employees for their off-duty Facebooking, and less-than unanimously concluded that the same employer’s social media policy was unlawfully restrictive [an enhanced version of this...

Facebook Posts Too Insubordinate, Lose NLRA Protection

Yesterday, I covered the NLRA and concerted protected activity in my employment law class at Penn State. Here's the text from one of my slides: Protected Concerted Activity • Concerted - acting in “concert” with other employees (not just for employee’s individual benefit...