Labor and Employment Law

Recent Posts

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

Social Media Posts and Concerted Activity
Posted on 15 Aug 2011 by GreenbergTraurig

by Eric Sigda In the last several months, the National Labor Relations Board ("NLRB") has attracted attention by issuing complaints against employers who disciplined or discharged employees for posting comments on Facebook or other social... Read More

Employees May Not "Like" You on Facebook, But That's Not Grounds for Termination
Posted on 17 Nov 2010 by Bullivant Houser Bailey PC

by Krista N. H ardwick & Clay D. Creps An employer's right to monitor and restrict what its employees say about the company on websites such as Facebook, Twitter and personal blogs may have drastically changed. The National Labor Relations... 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

NLRB Finally Gives Some Real-World Guidance on Social Media as Protected, Concerted Activity
Posted on 7 Sep 2011 by Jon Hyman

In the NLRB's final act before the long Labor Day weekend, an Administrative Law Judge in Buffalo, NY, issued his decision in Hispanics United -the first written decision in an NLRB case involving social media to result in an ALJ decision following... Read More

The Social Media Trifecta – The SHRM, Nielsen and NLRB Reports – Part Three
Posted on 19 Oct 2011 by Ashley Kasarjian

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 More

Does the NLRB "Like" Your Social Media Policy?
Posted on 9 Jun 2014 by Barran Liebman LLP

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... Read More

Employees May Not "Like" You on Facebook, But That's Not Grounds for Termination
Posted on 17 Nov 2010 by Bullivant Houser Bailey PC

by Krista N. H ardwick & Clay D. Creps An employer's right to monitor and restrict what its employees say about the company on websites such as Facebook, Twitter and personal blogs may have drastically changed. The National Labor Relations Board... Read More

Facebook Firing Causes Unfair Labor Practice Double Play For NLRB
Posted on 26 Aug 2014 by Jon Hyman

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... Read More

Social Media and the NLRB: Getting Both Sides of the Story
Posted on 5 Oct 2011 by John Holmquist

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... Read More

NLRB Judge Holds Nonprofit Unlawfully Discharged Employees For Facebook Posts
Posted on 20 Sep 2011 by John Holmquist

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... Read More

Foley & Lardner Labor and Employment Law Weekly Update (Week of September 19, 2011)
Posted on 19 Sep 2011 by Foley & Lardner LLP

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... Read More