Obscenity

News & Analysis as of

Employee Calls You A “F****** Crook” While Complaining About Work And Wages: Now What?

It’s late afternoon. You call a three-month employee into a small conference room – along with two managers – for a talk about his attitude. He complains that he and his coworkers aren’t paid enough, don’t receive proper...more

Make Mine a Venti Hazelnut Latte with an F-Bomb

In the words of the immortal Yogi Berra, “it’s like déjà vu all over again.” For the second time in a month, the Nasty Language National Labor Relations Board has decided that an employee should not have been fired for...more

NLRB Says Cussing Out Boss is OK, So What’s a Business to Do?

[Ed. Note: We know we’re a little late to the party with this one, but we just read the decision and had to share it for anyone else who has been in a news blackout for the past couple weeks.] You’d think that an...more

NLRB Stands Behind Swearing Salesman

Employers beware: the National Labor Relations Board (“Board”) decided that an employer, a car dealership, unlawfully discharged an employee after his lewd outburst in a meeting. On remand from the United States Court of...more

NLRB Rules That Employee who Launched “F-Bombs” at Company Owner Did Not Lose Protection Under Federal Labor Law

If an employee curses at and blatantly disrespects the owner of the company for whom he works, most people would reasonably conclude that the employee can be discharged. However, a recent decision issued by the National Labor...more

The Truth About As*holes

Here’s the truth: we are a litigious society. For a lot of reasons beyond the scope of this blog, a smarter workforce with ever-increasing access to information and resources continues to file employment lawsuits in record...more

Now I Have to Allow Insubordination and Verbal Abuse Too?

Several weeks ago, in both a tongue-in-cheek and concerned fashioned, we wrote about a federal court decision that concluded an employer had to tolerate an employee’s admitted theft as a reasonable accommodation for her...more

Despite an Appellate Remand, the NLRB Allows an Ad Hominem Attack on an Employer

In its recent 2-1 decision in Plaza Auto Center, Inc., 360 NLRB No.117 (May 28, 2014), the National Labor Relations Board again demonstrated its pro-employee bias and its willingness to twist a circuit court mandate and facts...more

Shouting Profanities at Your Boss: Protected Concerted Conduct According to NLRB

The National Labor Relations Board (NLRB) recently held, in a 2-1 decision, that an employee who shouted profanities at his boss did not lose the protection of the National Labor Relations Act (NLRA) and required the employer...more

Cussing Out The Boss May Be Protected

During a meeting about commissions and minimum wage and about his own and other sales peoples’ breaks, an employee lost his temper. In a raised voice he called his supervisors names, including “f***ing mother f***ing,”...more

Massachusetts Court Ruling on ‘Upskirt’ Photos

The Supreme Judicial Court of Massachusetts has overruled a lower court’s decision to arrest and prosecute a man for taking photos up women’s skirts and dresses. In 2010, Michael Robertson was arrested in a sting after...more

Disputed Facebook Post Can Justify a Firing And Is Not Pretextual

As this blog illustrated recently, sentiments posted on Facebook, if sufficiently vulgar or offensive, can cause a person to lose his job. The Seventh Circuit recently issued a decision analyzing whether a profane and...more

Is Revenge Porn Legal?

In the aftermath of her failed relationship with Mortie Fyed, Ima Riled did the unthinkable: She uploaded sexually explicit photos and videos of Mortie online – photos Mortie sent Ima in confidence. Ima allegedly posted them...more

Post Summer Part 1 of 5 - Protected Brand vs. Protected Photo

In some respects, the summer of 2013 seemed long. In others, it feels as if Memorial Day and the early June heat wave were only yesterday. But just because this blog went on a brief summer hiatus doesn't mean the world of...more

Update on Recent Education Legislation: Obscene Matters Depicting Minors, Financial Literacy Instruction, Surplus Property to...

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws are effective January 1, 2014, unless otherwise stated....more

TheDirty.com Goes to Trial

In 2012, we reported on a pair of district court decisions that, based on similar facts, split on whether defendant TheDirty.com, a gossip website, qualified for immunity under Section 230 of the Communications Decency Act...more

Gross: Criminal Obscenity In Film And TV Productions

On December 22, 2012, one of the stranger criminal law stories in recent Canadian history came to an end: Quebec-based special effects artist Remy Couture was acquitted by a jury on the charges of "corrupting morals" in...more

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