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...
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
to engage in so-called "protected concerted"...
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...
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...
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...
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 ado about nothing, but nevertheless reminds us...
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. v. Granger , the judge found that several provisions...
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...
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 (not just for employee’s individual benefit...