News & Analysis as of September 21, 2024

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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 +

Second Circuit Identifies Outer Limits of NLRA-Protected Speech

Pullman & Comley - Labor, Employment and... on 5/16/2017

The National Labor Relations Act (NLRA) generally prohibits employers from retaliating against employees based on their union-related activities or for taking concerted action to improve the terms and conditions of their...more

Second Circuit Rules on Bounds of Protected Concerted Activity

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/12/2017

In a case at the edges of protected employee conduct during a union organizing drive, the Second Circuit Court of Appeals last week found that an employee’s expletive-laden Facebook post cursing out his boss—and his boss’s...more

Expletive-Laced Facebook Rant Protected Under Federal Labor Law

Parker Poe Adams & Bernstein LLP on 5/5/2017

Many people have fanaticized about telling their boss what they really think about him or her. Fortunately, most employees have the good sense not to write down what they are thinking about their employer....more

!@#$% Vote Yes for the UNION! Facebook Post Protected by the NLRA? Second Circuit Says Yes

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/4/2017

In National Labor Relations Board v. Pier Sixty, LLC, No. 15-1841 (April 21, 2017), the Second Circuit upheld the National Labor Relations Board’s (NLRB) finding that an employee’s Facebook post, although “vulgar and...more

Every Manager and Their Mother: Second Circuit Shields Social Media Insults against Supervisor and His Entire Family

Obermayer Rebmann Maxwell & Hippel LLP on 4/27/2017

On Friday, April 21, 2017 a Second Circuit Court of Appeals panel affirmed a National Labor Relations Board ruling that a catering company server was wrongfully terminated for making an obscene and vicious Facebook post that...more

NLRB Holds Employee’s Obscene Facebook Post Criticizing Supervisor is Protected

Mintz - Employment, Labor & Benefits... on 4/14/2015

We have written previously about the expanding scope of social media activities that the National Labor Relations Act protects and the tight limits the NLRB places on an employer’s ability to discipline employees for...more

NLRB Finds Employee’s Extremely Profane Facebook Post was Protected Concerted Activity

Franczek P.C. on 4/14/2015

The National Labor Relations Board recently demonstrated how far it will go to protect employees in the name of protected concerted activity. In Pier Sixty, LLC, an employee took to Facebook to call his manager a...more

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