What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?” In many cases, employers can follow their own policy and impose discipline if...more
A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees.
As...more
9/13/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Drafting ,
Contract Negotiations ,
Employer Liability Issues ,
Employer Rights ,
Employment Policies ,
NLRA ,
NLRB ,
Terms and Conditions ,
Unilateral Modification ,
Unions
In a widely anticipated decision, the United States Supreme Court issued a 5-4 decision today in Epic Systems Corp. v. Lewis; Ernst & Young LLP v. Morris; and National Labor Relations Board v. Murphy Oil USA, Inc., upholding...more
5/22/2018
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more
11/13/2017
/ Employer Liability Issues ,
Employment Policies ,
Facebook ,
Hate Speech ,
Hiring & Firing ,
NLRB ,
Off-Duty Employees ,
Political Expression ,
Protected Concerted Activity ,
Retaliation ,
Social Networks ,
Termination ,
Twitter
The U.S. Supreme Court decided today to consider related cases addressing whether arbitration agreements containing class action waivers violate employee rights under the National Labor Relations Act (“NLRA”).
The...more
Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. ...more
5/25/2016
/ Administrative Law Judge (ALJ) ,
Chipotle Grill ,
Discipline ,
Facebook ,
NLRA ,
NLRB ,
Popular ,
Protected Concerted Activity ,
Section 7 ,
Social Media ,
Social Media Policy ,
Twitter
Employees have increasingly voiced concerns on social media regarding their employment, often including specific statements about their employers. As previously discussed on this blog, an employee’s Facebook post related to...more
3/28/2016
/ Administrative Law Judge (ALJ) ,
Chipotle Grill ,
Facebook ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Social Media ,
Twitter ,
Wages ,
Working Conditions
Question: I own a small manufacturing company that employs 25-35 employees, depending on our workload. Over the years, a number of my customers and my employees have “friended” me on Facebook. Last week, I saw that one of...more