Protected Concerted Activity › Hispanics United of Buffalo

The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union.

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News & Analysis as of May 23, 2013

Two Key Elements Every Social Media Policy Should Include

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 National Labor Relations Board 2012 Year in Review

by Bruce Bagley, Adam Santucci | McNees Wallace & Nurick LLC on 2/20/2013

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of hindsight,...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

National Labor Relations Board Issues Decisions Important To All Private Sector Employers

by Bruce Michael Cross | Perkins Coie on 1/28/2013

In the waning days of 2012, the National Labor Relations Board (NLRB) issued several game-changing decisions that are important to all private sector employers—both union and nonunion....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

Labor & Employment E-Note - January 2013

by Burr & Forman on 1/11/2013

In This Issue: - NLRB Protects Workers' Rights to Post About Job on Facebook - 6 States Ban Companies from Asking for Social Media Passwords - Health Law Requires Employers to Offer Family Care to All - Fiscal...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

Will The NLRB's Protection Of Water Cooler Conversations Trump A Company's Right To Keep Its Investigations Confidential?

by Catherine M. Foti | Morvillo Abramowitz Grand Iason & Anello P.C.... on 1/10/2013

Over the past year, the National Labor Relations Board has issued a series of decisions that have significantly expanded the rights of non-supervisory employees, including non-unionized employees, to discuss information that...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

A Three Course Meal For The New Year

by Michael Schmidt | Cozen O'Connor on 1/4/2013

Happy New Year. So much has happened while you spent the holidays undoubtedly velobinding and wrapping the 2012 archives of this blog for your friends and loved ones. So I thought I’d welcome everyone back by updating some...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

Happy Holidays from the NLRB: Lumps of Coal for Employer Stockings

by William G. Trumpeter | Miller & Martin PLLC on 12/28/2012

In a flurry of year-end activity, the National Labor Relations Board (NLRB or the Board) has issued a number of significant decisions. The following is excerpted from the NLRB’s press release issued on December 21....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

Holiday Season Extravaganza: NLRB Issues Flurry Of Law Changing Decisions

by Mark Theodore | Proskauer - Labor Relations on 12/28/2012

Last week the NLRB issued several significant decisions. In the press release announcing the decisions, the agency noted that most were actually issued “the week of December 10, but were issued this week following editing and...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

The NLRB and Social Media

by Robert Baror on 4/1/2012

The NLRB has issued recent opinions and advice memoranda regarding employer policies and social media. This article summarizes the state of the law regarding employer social media policies as of April, 2012....more

Will Your Social Media Policy Withstand Scrutiny?

by Dawn Lanouette on 3/27/2012

As Social Media (Facebook, LinkedIn, MySpace, Twitter) explodes around the world, it has begun to impact the workplace. Employers should be aware that workplace policies that impinge on employees' use of social media must be...more

McNees White Paper -- The National Labor Relations Board 2011 Year in Review An Overview of the Board’s Significant Decisions and...

by McNees Wallace & Nurick LLC on 3/20/2012

By all accounts, 2011 was a busy year for the National Labor Relations Board (“Board”). In 2011, the Board saw a 17 percent increase in filings as compared to the prior year, which included both unfair labor practice charges...more

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