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...
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.
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...
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...
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...
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...
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...
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...
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
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...
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 ,
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...
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...
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...
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...