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 lexis.com 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

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

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

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

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

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

New Anonymous Workplace App Raises Big Workplace Issue
Posted on 22 Jan 2015 by Jon Hyman

Have you heard about Memo ? It’s an iPhone app that allows individuals to post anonymous comments, both positive and negative, about their employers to a specific group page about the company. As you could imagine, it’s the negative posts... Read More