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...
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...
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...
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...
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.
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...
“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! ...
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...