News & Analysis as of

Protected Concerted Activity › Wrongful Termination › Facebook

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.  less -
Parker Poe Adams & Bernstein LLP

NLRB Says Facebook Comments About Workplace Safety Remain Protected

Parker Poe Adams & Bernstein LLP on

Despite changes to the composition of the National Labor Relations Board over the past year, the NLRB’s position with regard to protection of employee social media discussions remains unchanged. Last month, the NLRB affirmed...more

Holland & Knight LLP

Restaurant Forced to Rehire Employees Who Insinuated Food was Germ-Infested - Section 7 of the NLRA Guarantees Workers the Right...

Holland & Knight LLP on

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

McAfee & Taft

Facebook ‘like’ considered protected activity

McAfee & Taft on

Employers know that when it comes to employees discussing employment issues on social media, it is best for employers to tread carefully. A recent federal court of appeals decision confirmed that even a simple Facebook “like”...more

Robinson+Cole Data Privacy + Security Insider

Court “Likes” NLRB’s determination that Facebook posts are protected under the NLRA

Robinson+Cole Data Privacy + Security Insider on

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

Holland & Knight LLP

Second Circuit Says Facebook Profanity Directed at Employer is Protected - Employer Violated NLRA by Terminating Two Employees...

Holland & Knight LLP on

In Three D, LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's (the Board) determination that the employer, Triple Play,...more

Seyfarth Shaw LLP

Dislike Employees’ Facebook “Likes”? Fire Away at Your Own Risk

Seyfarth Shaw LLP on

On October 21, 2015, the Second Circuit Court of Appeals upheld the ruling of the National Labor Relations Board (“Board”) decision in Triple Play Sports Bar and Grill, 361 NLRB No. 31 (2014). The employer, Triple Play, had...more

Genova Burns LLC

Second Circuit Finds Facebook “Likes” Protected Under NLRA

Genova Burns LLC on

On October 21, 2015, the Second Circuit clarified in Triple Play Sports Bar and Grille v. National Labor Relations Board that protections provided under Section 7 of the National Labor Relations Act (“NLRA”) encompass...more

Robinson & Cole LLP

NLRB determines vulgar Facebook posts protected concerted activity

Robinson & Cole LLP on

The National Labor Relations Board (NLRB) determined that Pier Sixty LLC, a New York catering service, violated federal labor law by firing an employee server after he posted a Facebook message protesting supervisory abuse...more

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