Hiring & Firing, NLRA | JD Supra Law News

Employment Law in the News: Paid Sick Leave in NYC, Social Media in NJ, Mandatory NLRB Posters

by Julie Levinson Werner | Lowenstein Sandler LLP on 5/9/2013

Mandatory Sick Leave Coming to New York City - Businesses with 20 or more employees will be required to provide paid sick time to their workers, if legislation before the New York City Council is passed. Although Mayor...more

Twitter: Employee Who Complained about Sexual Harassment via Twitter Fired

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 4/9/2013

Adria Richards is a self-described “endlessly enthusiastic technology evangelist.” While attending a large technology conference in Santa Clara, California, Ms. Richards overheard two men sitting behind her making a series...more

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

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/26/2013

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

Tweet, Follow, Or Get Out Of The Way: What All Employers Need To Know About Social Media In The Workplace

by Eric Gordon | Akerman Senterfitt on 3/21/2013

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media in the workplace has become a fact of life for all employers. Companies are learning that these once feared social media sites can be powerful marketing...more

Employment Law Newsletter - March 2013

by Arianna Gleckel | Bean, Kinney & Korman, PC on 3/20/2013

In This Issue: - Government Contractor Alert: Criminal Convictions and Employment Decisions Don’t Mix - New Rulings on Social Media Policies May Impact Your Company’s Policy - Meet Our Attorneys - William F....more

Employers May Violate Federal Law By Refusing To Hire Union Organizers

by Peter Felsenfeld | Barger & Wolen on 3/15/2013

Here’s a challenging scenario for employers: An individual applies for a job. The employer becomes aware that the applicant is a union volunteer who will likely try to organize the workplace if hired....more

NLRB Orders Reinstatement And Backpay For Employee Who Was Unlawfully Discharged For Discussing Salary Information At Work

by Neil S. Goldsmith | Franczek Radelet P.C. on 2/28/2013

Despite the uncertainty surrounding the legitimacy of the current National Labor Relations Board in the wake of the Noel Canning decision, the Board has continued to issue decisions that have serious consequences for...more

NLRB Orders Reinstatement of Employees Fired Over Discussion on Facebook

by Todd Timmons | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/22/2013

In Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (Dec. 14, 2012), the National Labor Relations Board (NLRB) found that an employer violated section 8(a)(1) of the National Labor Relations Act (NLRA) by firing five...more

The Dangers Of Social Media And Employee Discipline

by Michael Volkov on 2/14/2013

As if compliance officers do not have enough on their plates. I have written about this before – the risks of interfering with employees’ “protected activity” on social media. What a nightmare and what a maze of confusion!...more

Employers Can Discipline Employees For Certain Social Media Activity

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/24/2013

A handful of cases handed down by the National Labor Relations Board (NLRB) has left employers wondering whether they have any rights at all to regulate, monitor and discipline employees for what they post on Facebook and...more

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

by Lisa E. Cleary, Adam Pinto, Catherine A. Williams | Patterson Belknap Webb & Tyler LLP on 1/24/2013

The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more

NLRB: Use of Social Media Can Be Protected Employee Activity

by Jeff Ifrah on 1/22/2013

The rise of social media has led to the application of old law to new forms of communication. For instance, an effort by the National Labor Relations Board to educate workers on their right to engage in protected concerted...more

Sixth Circuit Rules Employers Can Avoid Fiascos Like Romney’s “47%” Recording by Banning Secret Recordings in the Workplace

by Josephine S. Noble | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/18/2013

With President Obama’s inauguration next week, I am reminded of the surreptitious recording that played a significant role in the final weeks of his campaign last year—the infamous “47%” recording. Secret recordings can have...more

NLRB’s Actions in 2012 Highlight Critical Labor Issues for Nonunion Employers

by Brian Doyle, David J. Santeusanio | Holland & Knight LLP on 1/16/2013

In 2012, the National Labor Relations Board (NLRB or Board) aggressively staked out positions on employment policies and practices prevalent in both union and nonunion workplaces. These issues include social media policies...more

What Some Would Call Harassment, The NLRB Calls Protected Concerted Activity

by Katherine Rand | Pierce Atwood LLP on 1/10/2013

Last month, the National Labor Relations Board (NLRB) issued its latest opinion on the scope of employees’ Section 7 rights while posting on social media sites like Facebook. Hispanics United of Buffalo, which involved the...more

You Can’t Be Fired for Discussing Your Job on Facebook

by Michele Bowman | Lawyers.com on 1/4/2013

Employers can punish or fire employees for doing a lot of things, but they can’t fire you for talking about working conditions at your job on Facebook. The National Labor Relations Board on Dec. 14 said Hispanics...more

NLRB Confirms that Comments Posted on Social Media May Be Entitled to Protection

by Lyndsey Kruzer, Michael L. Rosen | Foley Hoag LLP on 1/2/2013

The National Labor Relations Board (NLRB) recently issued a significant decision - solidifying the position it has staked out over the past 18 months - that an employee’s posts on social media may be entitled to protection...more

NLRB Sides with Employees Fired over Facebook Posts

by William K. Kennedy II, Michelle M. McGeogh | Ballard Spahr LLP on 12/29/2012

In its second opinion addressing employee terminations resulting from Facebook posts, the National Labor Relations Board (NLRB) has ordered an employer to reinstate five employees terminated for posting Facebook comments in...more

NLRB Rules Employer’s Termination of Non-Union Employees for Facebook Posts Violated NLRA

by Alan Levins | Littler on 12/28/2012

In another decision that affects non-union as well as union employers, the National Labor Relations Board recently ruled that comments posted on Facebook are protected in the same manner and to the same extent as comments...more

Board Affirms Decision Ordering Reinstatement Of Employees Terminated For Facebook Comments

by Adam Santucci | McNees Wallace & Nurick LLC on 12/28/2012

On September 20, 2011, we reported on Hispanics United of Buffalo, Inc., the first National Labor Relations Board Administrative Law Judge decision examining an employee's discharge for social media activity. Recently, the...more

National Labor Relations Board Adds To Facebook Jurisprudence; Finds Posts To Be Protected, Concerted Activity

by Neil S. Goldsmith, Christopher A. Johlie | Franczek Radelet P.C. on 12/28/2012

The National Labor Relations Board issued its first social media decision in September. Last week, the NLRB issued another social media decision in a case involving employees’ Facebook comments and an employer’s right to...more

NLRB: Discharging Non-Union Employee’s for Facebook Posts Violated NLRA

by Adam S. Forman, David G. King | Miller Canfield on 12/24/2012

In September 2011, we alerted you to the decision in Hispanics United of Buffalo, a decision by a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) examining an employer’s termination of employees because...more

NLRB Says Employee Complaints On Facebook May Be Protected Activity

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 12/21/2012

Employers should proceed with extreme caution before disciplining employees for their Facebook postings or other social media activity. In Hispanics United of Buffalo, Inc. and Carlos Ortiz, Case 03-CA-027872 (December 14,...more

NLRB: Employees' Facebook Comments Are Protected Concerted Activity

by Brandon T. Willenberg | Mintz Levin - Employment, Labor & Benefits on 12/21/2012

The National Labor Relations Board’s closed out an already busy year addressing social media’s impact on employee rights in non-unionized workplaces (see our prior related blog entries here, here, here, and here) with yet...more

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

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/27/2012

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

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Hiring & Firing › The National Labor Relations Act