The National Labor Relations Act Facebook National Labor Relations Board

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
News & Analysis as of

#Insubordination: NLRB Affirms Refusal To Re-Hire Employees Based Upon Facebook Exchange

In prior articles, we have discussed various decisions by the National Labor Relations Board (“NLRB” or the “Board”) protecting employee social media activity as concerted activity under Section 7 the National Labor Relations...more

Employers Finally Win NLRB Facebook Case

Over the past several years, EmployNews has dutifully reported decision after decision from the National Labor Relations Board concluding that employees’ use of Facebook and other social media sites to complain about work,...more

NLRB Says On-Line Planning For Insubordination Is Not Protected Concerted Activity

In Richmond District Neighborhood Center, Case 20-CA-091748 (Oct. 28, 2014), the Board upheld an Administrative Law Judge’s ruling that a conversation between two employees, who were involved with student programming at the...more

NLRB Shows Some Restraint in its Protection of Employee Social Media Communications: Employee Termination Arising From “Egregious”...

In the wake of the NLRB’s aggressive crackdown on social media policies, many employers have asked: “Is there any limit to what employees can post on social media about their employers?” It appears that there is. Just last...more

What’s in a Like?

In the pre-Facebook era, the word “like” was primarily a verb (and an interjection sprinkled throughout valley girls’ conversations). Although you could have likes and dislikes in the sense of preferences, you could not give...more

NLRB Finds Facebook Posts Go Too Far for the Act's Protection

As we reported previously, social media issues are troublesome for employers who must navigate unsettled or even conflicting federal and state laws and decisions. A recent ruling from the National Labor Relations Board...more

NLRB Finally Finds Facebook Activity That It Doesn’t “Like”

The National Labor Relations Board (NLRB) finally found a Facebook conversation it couldn’t bring itself to “Like.” In Richmond District Neighborhood Center, Case 20-CA-091748 (October 28, 2014), the NLRB held that a Facebook...more

NLRB Rules that Facebook “Likes” are Protected By Labor Law

One provision of the National Labor Relations Act (NLRA) states that employees are protected from any form of employer retaliation when they commit “concerted protected activity,” which essentially means any form of activity...more

NLRB Still “Likes” Expansive Employee Speech

Unlike many issues, it seems that at least one issue (so far) has the NLRB on the same page as a recent court decision: whether clicking “like” on Facebook amounts to substantive, protectable speech. In my earlier blog posts...more

A NLRB Decision Employers Will Not "Like"

On August 22, 2014, the National Labor Relations Board ("NLRB") issued a 3-member panel, unanimous decision that the termination of two employees because of their Facebook activity violated the National Labor Relations Act....more

NLRB: Facebook “Like” is Protected, Concerted Activity Under the Labor Act

The NLRB recently issued another case on employer social media policies, ruling that clicking Facebook’s “Like” button can constitute “protected, concerted” employee activity under the National Labor Relations Act (NLRA)....more

Protected Concerted Activity on Facebook: The NLRB “Likes” This

The National Labor Relations Board (NLRB) continues to expand its interpretation of the forms of employee online behavior that constitute protected concerted activity under the National Labor Relations Act. Recently, in Three...more

NLRB Continues Aggressive Crackdown on Social Media Policies

In the past few years the National Labor Relations Board (“NLRB”) has taken an increased interest in whether workplace policies prohibiting employees from discussing the terms and conditions of their employment on social...more

NLRB's Recent Triple Play Decision Tackles Two Critical Social Media Issues for Employers

With the intersection between cutting-edge social media and the Depression-era National Labor Relations Act (NLRA or the Act) still relatively new, employers are looking for answers to some fundamental questions when it comes...more

More Reasons for Employers to "DISLIKE" Facebook

The National Labor Relations Board is at it again – wading into the social media foray, that is. In a case that has been percolating since 2011, the NLRB has ruled that an employer must reinstate an employee who was...more

Employment Law - July 2014

Recess Is Over: Supreme Court Strikes NLRB Appointments - Why it matters: Striking a blow to the President and the National Labor Relations Board, the U.S. Supreme Court held that three recess appointments made by...more

Social Media & Protected Activity: Not Always a Third Rail for Employers

The efforts of the National Labor Relations Board (NLRB) to expand the definition of employee activity protected by section 7 of the National Labor Relations Act (NLRA) and its aggressive prosecution of employers alleged to...more

What's in a "Like"? Precedent-Setting Case Poses New Risk for Employers

The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign...more

More Facebook Issues: This Time, It’s the Stored Communications Act

Employer use of social media information in employment decisions has received much attention in the past couple of years. As we have previously reported, several states have passed laws precluding employers from asking for...more

Social Media in the Workplace -- A New Web of Regulations Falls on Employers

Employers with a non-union workforce may be surprised to learn that their non-supervisory employees have legal protections enforced by the National Labor Relations Board (NLRB). The NLRB has recently taken an aggressive...more

Social Media: A Double-Edged Sword

Social media is one of the fastest growing tools businesses use to employ marketing tactics in a timely and cost effective manner. ...more

Skinsmart Dermatology Avoids A Legal Blemish Over Facebook Posting

The "Facebook Firing" cases continue with the NLRB deciding more often than not that employees fired for Facebook postings engaged in "protected concerted activity" under the National Labor Relations Act ("NLRA") and are...more

Party Foul! NLRB Orders Reinstatement and Back Pay for Party Bus Guide After Finding Facebook Postings Amount To Protected Union...

Providing yet another example of how online social networking can amount to protected conduct under the National Labor Relations Act, the NLRB ruled earlier this month in New York Party Shuttle, LLC and Fred Pflantzer, CN:...more

The Expanding Law on Employee Use of Social Media

Employee use of social media, such as Facebook, Twitter, MySpace and other internet social sites, whether at the workplace and during work time or off-duty, can be a minefield for both employees and employers....more

Social Media in the Workplace – Employers Must Now Comply With Strict NLRB Oversight

Section 7 of the National Labor Relations Act (“NLRA” or the “Act”), 29 USC § 157, protects both union and non-union employees who form, join and assist labor unions, participate in collective bargaining, and engage in “other...more

63 Results
|
View per page
Page: of 3