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Prohibiting “Message” Clothing Without Business Reason Violates the NLRA

The National Labor Relations Board (NLRB) recently deemed a car dealership’s prohibition on “pins, insignias, or other message clothing which are not provided to them by the company” overly restrictive and a violation of the...more

2/11/2014 - First Amendment Free Speech NLRA Workplace Attire

Facebook Postings Showing Misuse of FMLA Leave Can Form Sufficient Legal Basis of Termination

Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National...more

3/26/2013 - Facebook FMLA Hiring & Firing Medical Leave NLRA NLRB Protected Concerted Activity Social Media Termination

Termination for Facebook Posting Does Not Violate State Invasion of Privacy Law

Recent court decisions related to employees’ online postings have centered on whether disciplinary decisions regarding those postings may violate the National Labor Relations Act (NLRA). The NLRA protects certain employee...more

11/27/2012 - Facebook Hiring & Firing Invasion of Privacy NLRA Protected Concerted Activity Termination

NLRB Provides Further Direction on Social Media Policies in Recent Advice Memorandum

Last month, employers received a little more help from the National Labor Relations Board (NLRB or Board) in formulating social media policies that pass muster under scrutiny from the Board. On October 19, 2012, an Associate...more

11/5/2012 - NLRA NLRB Social Media Social Media Policy

Definition Of “Concerted Activity” Continues To Be Construed Broadly By The NLRB

Recently, the National Labor Relations Board (NLRB) has issued a number of decisions restricting the ways in which employers can limit employee electronic communications, even when those communications may damage the company...more

9/10/2012 - Costco NLRA NLRB Protected Concerted Activity Section 7

Employers Must Be Able To Recognize A Weingarten Request In Order To Avoid Liability Under The NLRA

Section 8(a)(1) of the National Labor Relations Act (NLRA) makes it illegal for an employer to interfere with or restrain employees from exercising the rights accorded to them under that Act. In NLRB v. J. Weingarten 420...more

7/30/2012 - NLRA NLRB Unions Weingarten Rights

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