Termination, Hiring & Firing, Protected Concerted Activity

Facebook Postings Showing Misuse of FMLA Leave Can Form Sufficient Legal Basis of Termination

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/26/2013

Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National...more

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 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

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

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

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

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

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: 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

Termination for Facebook Posting Does Not Violate State Invasion of Privacy Law

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/27/2012

Recent court decisions related to employees’ online postings have centered on whether disciplinary decisions regarding those postings may violate the National Labor Relations Act (NLRA). The NLRA protects certain employee...more

The NLRB’s Latest on Facebook Firing Creates More Questions For Employers

by Richard L. Samson | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/4/2012

By now most of us have learned about the decision issued last Friday, September 28, by the National Labor Relations Board (NLRB or Board) in Karl Knauz Motors, Inc. d/b/a Knauz BMW, the Board’s first true foray into a...more

NLRB Is Finding Ways To Implement Its Employee Rights Notice Posting, In Spite Of Legal Challenges

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/1/2012

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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Termination › Hiring & Firing › Protected Concerted Activity