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
On July 21, 2020, the National Labor Relations Board (NLRB) (once again) modified its standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements,...more
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
On July 3rd, the 8th Circuit held that disparaging statements made by Jimmy John’s employees in a labor dispute were not entitled to National Labor Relations Act (“NLRA” or “The Act”) protections – because the actions were...more
7/11/2017
/ Corporate Counsel ,
Disparagement ,
Employer Liability Issues ,
Employment Policies ,
Franchises ,
Hiring & Firing ,
Jimmy John's ,
NLRA ,
NLRB ,
Objective Falsity ,
Protected Concerted Activity ,
Section 7 ,
Sick Leave ,
Social Networks ,
Union Elections
Employers who require employees to sign arbitration agreements as a condition of employment should take care: A split is developing among the federal appellate courts regarding the enforceability of so-called “concerted...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
On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many...more