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... more +
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.
Two Key Elements Every Social Media Policy Should Include
Many non-unionized employers might be surprised to learn that they, too, are governed by the National Labor Relations Board (NLRB). In fact, in 2012, the NLRB launched a website directed at non-union employees, which details...more
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
As Proskauer previously reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the National Labor Relations Board (“NLRB”) reviewed an employer’s blanket policy of...more
On January 25, 2013, the National Labor Relations Board held that DirecTV's employee handbook contained unlawful rules restricting employees from communicating with media representatives and law enforcement officials and...more
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
Recently, an Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) issued a decision in Quicken Loans, Inc., which found confidentiality and non-disparagement provisions to be unlawful under the...more
ALJ strikes down provisions in an employment agreement for violating the NLRA, finding they chilled employees' exercise of Section 7 rights. On January 8, an Administrative Law Judge (ALJ) for the National Labor...more
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
On January 8, 2013, a National Labor Relations Board (“NLRB”) administrative law judge ruled that a proprietary/confidential information provision in Quicken Loan’s employment agreement with its mortgage banker employees...more
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
It appears as if the National Labor Relations Board's (NLRB's) Administrative Law Judges (ALJs) have gotten into the habit of frequently questioning whether employment agreement provisions comply with Section 7 of the...more
The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more
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
The National Labor Relations Board has issued yet another decision pertaining to non-unionized workplaces. This time, in Supply Technologies, LLC, the Board found that an employer’s mandatory grievance-arbitration policy...more
A recent flurry of National Labor Relations Board (NLRB) activity and immense scrutiny of employer policies by the NLRB have left employers wondering about the power they have to enforce neutral workplace rules and policies...more
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
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
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
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
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
An issue we have discussed previously is whether all employee action that is “concerted” is also protected by the NLRA. We have seen that maliciously false statements made to third parties are unprotected. But what about when...more
Originally published in the November 2012 Issue of The HR Specialist. The National Labor Relations Board (NLRB), the federal agency charged with enforcement of the National Labor Relations Act (NLRA), has increased its...more
In an advice memorandum, the Office of the General Counsel of the National Labor Relations Board (NLRB) demonstrated that it continues to consider the issue of protected concerted activity to be at the forefront and that it...more
The National Labor Relations Board recently issued two rulings on employer social media policies that can be construed as favorable to employees. As a result, it is recommended that employers take the time to specifically...more
On September 28, 2012, a three-member panel of the National Labor Relations Board (NLRB) affirmed the decision of an Administrative Law Judge (ALJ) who upheld a car dealership’s firing of a salesperson that was based on a...more
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