Labor & Employment E-Note - January 2013


In This Issue:

- NLRB Protects Workers' Rights to Post About Job on Facebook

- 6 States Ban Companies from Asking for Social Media Passwords

- Health Law Requires Employers to Offer Family Care to All

- Fiscal Cliff Legislation Allows Roth Conversion for 401(k) Holders

- Some Health Insurers Seeking, Getting Double-Digit Rate Increases

- Michigan "Right to Work" Groups Vow to Bring Fight Elsewhere

- CNA, Healthcare Workers' Union Expected to Enhance Labor Battles

- "Guest Worker" Program in Canada Could Serve as Model for U.S.

- 10 States to Increase Minimum Wage in 2013

- Excerpt from NLRB Protects Workers' Rights to Post About Job on Facebook:

Just before Christmas, the National Labor Relations Board sided with employees on a question facing a growing number of workers: When can your Facebook posts get you fired? The NLRB’s 3-1 ruling establishes an important precedent: The New Deal-era law that protects your right to strike or picket also protects your right to tweet or comment.

The case — Hispanics United of Buffalo — started one Saturday morning in 2010. That was when domestic violence advocate Mariana Cole-Rivera took to Facebook to complain that one of her co-workers was unfairly accusing fellow employees of laziness. Several other staffers at Hispanics United of Buffalo chimed in to say they worked plenty hard already. Soon after Cole-Rivera and her co-workers returned to work, HUB fired five of them, arguing that their off-the-clock comments had violated the nonprofit’s anti-harassment policy.

Please see full E-Note below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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