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 ("NLRB") has
just surprisingly found...
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 a hearing.
In Hispanics United , five employees...
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
here for NLRB site announcement. Following a co-worker's
comments on Facebook...
The International Law Firm of Fulbright &
Jaworski - Labor and Employment
Patrick Finegan and Barbara
Recent activity of the National Labor Relations Board
(NLRB) reminds non-union employers that the long arm of the National Labor
Relations Act (NLRA) reaches...
A few weeks ago, an NLRB Administrative Law Judge issued
the agency's first-ever decision debating the legalities of
terminating employees for social media activities under federal labor laws.
Karl Knauz Motors, Inc. (9/28/11) [pdf] is
the second. Following Knauz Motors , we are starting to...
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 okayed a BMW dealership firing an employee who posted...
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 than that; the employer
position in a given case...
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.
Obviously, employers can't expressly ban...
There has been so much talk lately about the future of
social networking and the need for a well-drafted social media policy that I
can hardly keep up. Good thing I don't have to. Several reports - from
SHRM, Nielsen, and the NLRB Office of the General Counsel - have caught my eye.
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 I was completely entertained when reading it...
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 can short-circuit workplace problems by locking...
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 this report awhile back,
but never got around...
The National Labor Relations Board stresses
that employees must be able to discuss their jobs freely.
Labor Relations Board , which helps administer the provisions of the National
Labor Relations Act , believes that social-media policies are overly broad
if they unfairly restrict...
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, without court decisions on the question,
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. The cases are Flex Frac Logistics, LLC [pdf...
I recently came across a blog post that answered the question of how to deal with workplace gossip . One solution you might want to avoid is a policy banning it outright, at least according to the recent opinion of an NLRB Administrative Law Judge in Laurus Technical Institute [pdf] . Laurus distributed...
In Hooters of Ontario Mills [pdf] , an NLRB Administrative Law Judge found that a California franchisee of Hooters unlawfully fired a waitress for complaining about a bikini contest that she perceived as fixed [ an enhanced version of this opinion is available to lexis.com subscribers ]. In the same...
Webster’s Dictionary defines “concerted” as, “done in a planned and deliberate way usually by several or many people; mutually contrived or agreed on.” Given this definition, I was surprised when I read a decision by an NLRB Administrative Law Judge, which held that a lone...
In Fresh & Easy Neighborhood Market (7/31/14) [pdf] [an enhanced version of this opinion is available to lexis.com subscribers] , the NLRB examined the following “Confidentiality and Information Security” policy:
We have an important duty to our customers and our employees to respect...
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 restrictive [an enhanced version of this...
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 violate the act because it is overly broad and...