News & Analysis as of

Obscenity

Employer Cannot Fire Employees For Obscenity-Laced Facebook Posts During Union Organizing Campaign

by Tonkon Torp LLP on

Section 7 of the National Labor Relations Act protects employees who engage in concerted activities for purposes of collective bargaining or for mutual aid and protection. How far that protection extends was tested in NLRB v....more

April 2017: The 13 Biggest Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more

Court Upholds Reinstatement of Fired Facebook Ranter

Employers, what would you do if an employee made a post on Facebook that referred to his/her supervisor as a “nasty mother***er” and also stated “f**k [the supervisor] and [his/her] entire f***ing family?” It’s a no-brainer...more

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit...more

F-Word Facebook Firing Flipped By Federal Court

by Fisher Phillips on

In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more

Will The NLRB’s Protection of Unacceptable Conduct Last?

by Akerman LLP - HR Defense on

It’s ironic, isn’t it? While the EEOC could find an employer liable for tolerating racist or sexist remarks by employees, the NLRB has repeatedly found employers liable for failing to do so under the guise of protecting...more

Are You Liable If Your Station is Hacked?

Somehow, hackers manage access to your radio station audio chain and broadcast alternate programming with indecent or profane content. What will be the FCC’s reaction? Do you notify the FCC? Originally published on Radio...more

The Second Circuit Tackles Employee Rights, Obscenities & Social Media Use

Employers took note last year when the National Labor Relations Board (NLRB) ruled that “liking” a Facebook post can qualify as protected activity under the National Labor Relations Act (NLRA). The NLRB held that the owner of...more

When public perception and the law differ: man fired for heckling TV reporter at soccer game is rehired after arbitration process

by Dentons on

Just because members of the public call for the firing of an employee for yelling sexual taunts at a TV reporter at a sports match, does not mean that the firing is legally justified, a recent case illustrates....more

Employment Law - April 2015

To Accommodate or Not to Accommodate? U.S. Supreme Court Weighs in on Pregnant Employees - Why it matters: The U.S. Supreme Court decided the first of two major employment law cases this term when a 6-3 majority of...more

NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

by McAfee & Taft on

Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary...more

FCC Proposes Maximum $325,000 Forfeiture for Broadcast Indecency

by Davis Wright Tremaine LLP on

In 2005, Congress passed the Broadcast Decency Enforcement Act of 2005, increasing potential maximum forfeitures against broadcast stations from $25,000 for each day of a violation subject to a $250,000 maximum per violation...more

Recent NLRB Decisions Condone Workplace Profanity and Insubordination - Employers Need to Know What Is Considered Protected...

by Holland & Knight LLP on

An administrative law judge (ALJ) of the National Labor Relations Board (the "Board") recently found that a Hooters employee who cursed at her co-worker during an employee bikini contest was wrongfully terminated by her...more

New Jersey Naming Law: Can I Name My Child Anything I Want?

The choice of what to name your child is often a process that parents take great care in selecting—conducting countless Internet searches, pouring over “baby name” books, and researching family histories to find the perfect...more

Screaming Profanities and Threatening the Boss Not Enough to Get You Fired According to NLRB

Yep, that's right. The employee's outburst is too obscene to reproduce on the Blog. Suffice to say that the employee, who was employed for only about two months: (1) called the owner of the company a crook and a number of...more

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

by DLA Piper on

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

by Benesch on

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

by Cozen O'Connor on

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?

by Foley & Lardner LLP on

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

by BakerHostetler on

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

by Faegre Baker Daniels on

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

by Sherman & Howard L.L.C. on

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

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