Labor and Employment Law

Recent Posts

Second ALJ Decision on Social-Media Policies Under the NLRA
Posted on 13 Apr 2012 by Margaret (Molly) DiBianca

The lawfulness of employer's social-media policies under the National Labor Relations Act (NLRA) continues to be a hot topic. Although the position of the National Labor Relations Board (NLRB) continues to be hostile towards these policies. And... Read More

Hypothetical Violations Doom Employer Confidentiality Policy
Posted on 16 Apr 2014 by Jon Hyman

A few months ago I posted on the NLRB’s veto of a workplace confidentiality policy . Late last month, the 5th Circuit court of appeals ruled on another employer confidentiality policy, and the results should trouble employers everywhere. At issue... Read More

Harassment Investigations: New NLRB Decision Complicates Them Even More
Posted on 3 Sep 2014 by Lorene Schaefer

A recent decision by the National Labor Relations Board (“NLRB”) has complicated even further the already challenging world of conducting investigations into allegations of workplace harassment. In light of this new ruling, it’s ever... Read More

Why We Put Plaintiffs to Their Proof
Posted on 26 Feb 2014 by Jon Hyman

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 subscribers ], however, is much... Read More

NLRB continues to attack facially neutral employment policies
Posted on 19 Sep 2012 by Jon Hyman

The NLRB continues its assault on garden-variety employment policies, issuing three decisions over the last 10 days, each of which concluded that facially neutral employment policies violated employees' rights to engage in protected concerted activity... Read More

NLRB Social Media Memo Part IV - Overly Broad Policies
Posted on 11 Oct 2011 by Philip Miles

This post has been a long time coming... but at long last it's the final post in the four-part series on the NLRB's social media memo . This post will address the NLRB's position on (what it views as) overly broad social media policies... Read More

Add “No Loitering” to the List of Potentially Unlawful Work Rules, Per the NLRB
Posted on 2 Oct 2014 by Jon Hyman

It’s no secret that the NLRB is waging a war against facially neutral employment policies. You can add “no loitering” rules to its list of victims. In EYM King of Michigan , an NLRB administrative law judge considered the following... Read More

Walmart Should Have Listened To Me About Firing Striking Workers
Posted on 25 Nov 2013 by Donna Ballman

About exactly a year ago, I wrongly predicted that Walmart wouldn't fire their striking workers. The article was called Why Walmart Won't Fire Striking Workers - And What That Means For You . The reason I predicted that they wouldn't fire... Read More

The Social Media Trifecta – The SHRM, Nielsen and NLRB Reports – Part Two
Posted on 13 Oct 2011 by Ashley Kasarjian

Part two of the trifecta is the Nielsen State of Social Media Report . It focuses on how powerful social media is on consumer behavior . This report is a little less law and a little more social media , but I wanted to include it in this summary because... Read More

Pyrrhic Victory: Judge OK's Firing for Facebook Post, But...
Posted on 4 Oct 2011 by Eric Meyer

Last week, a National Labor Relations Board Administrative Law Judge (ALJ) ruled, for the first time, that an employer could legally fire an employee based on Facebook activity. In Karl Knauz Motors, Inc. d/b/a Knauz BMW and Robert Becker , the ALJ... Read More

Facebook Posts Too Insubordinate, Lose NLRA Protection
Posted on 5 Nov 2014 by Philip Miles

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... Read More

Final Score: HIPAA 1 - Retaliation 0
Posted on 5 Sep 2014 by Eric Meyer

See how a federal appellate court shut out a plaintiff's claims of retaliation after she was fired for forwarding confidential documents to herself, purportedly to preserve evidence for an age-discrimination lawsuit filed by a former coworker. ... Read More

Loyalty: Extinct Under the NLRA?
Posted on 4 Sep 2014 by John Holmquist

Section 8.01 of the Restatement Third of Employment Law states that employees owe a duty of loyalty to their employers in matters related to the employment relationship. Employers realize that under the Obama Board, the inclusion of that statement would... Read More

Is Protected Activity Part of Your Job? You May Still Be Protected.
Posted on 17 Aug 2015 by Robin Shea

“Doing your job? The NERVE!” If you try to prevent or end workplace discrimination as part of your job, is it legal for your employer retaliate against you? Inquiring HR professionals, in-house lawyers, and counselors want to know! ... Read More

Social Media and Privacy Cannot Coexist
Posted on 13 Oct 2011 by Jon Hyman

During my appearance on The Sound of Ideas to discuss social media in the workplace , NLRB General Counsel Lafe Solomon made an interesting point about the accessibility of employees' social media by employers. The question arose as to whether employees... Read More