News & Analysis as of

Termination The National Labor Relations Act Social Media

Now You, Too, Can Call Your Boss a Nasty Motherf****r

by Kelley Drye & Warren LLP on

Maybe we’ve all thought it at some point in our careers. But according to the Second Circuit Court of Appeals, you might actually be able to get away with saying it—that is, calling your boss a nasty mother****r—if you’re...more

Profane Facebook Message Protected Under The NLRA

by Saul Ewing LLP on

Last week, the Second Circuit held that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who had posted a profane and vulgar message on Facebook that insulted a manager and urged...more

Employment Law - April 2017

Eleventh Circuit: Title VII Doesn’t Prohibit Sexual Orientation Discrimination - Why it matters - In a decision that is already being cited in other courts around the country, the U.S. Court of Appeals for the Eleventh...more

#Fired: Post a Tweet, Lose Your Job

by FordHarrison on

Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former...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

Employment Law - November 2015

Following California, New York Toughens Equal Pay Law - Why it matters: Following in the recent footsteps of California, New York Governor Andrew Cuomo signed into law the Achieve Pay Equality Act, providing greater...more

Discipline Based on Social Media Activity – An Update

by Zelle LLP on

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

Facebook “Like” Protected Speech Under the NLRA

by Hinshaw & Culbertson LLP on

We all have them. Friends and family who overshare on Facebook. Their food choices (complete with pictures), exercise routine, and relationship drama, all solidified in the form of a status update. Annoying maybe, but mostly...more

Will the Second Circuit “Like” the NLRB’s Recent Stance on Social Media? An Update on the Facebook “Like” Firing Case

The NLRB last week filed its brief at the Second Circuit Court of Appeals in the well-publicized Facebook “Like” firing case, Three D, LLC v. NLRB. Prior to the appeal, we discussed the NLRB’s August 2014 ruling here as part...more

NLRB Says On-Line Planning For Insubordination Is Not Protected Concerted Activity

In Richmond District Neighborhood Center, Case 20-CA-091748 (Oct. 28, 2014), the Board upheld an Administrative Law Judge’s ruling that a conversation between two employees, who were involved with student programming at the...more

NLRB Upholds Employee Terminations for Facebook Rant

A few weeks ago, I wrote a blog post about the recent line of NLRB cases examining what constitutes “protected, concerted” activity in the context of employees engaging in profane, insulting, or disrespectful conduct or talk...more

NLRB “Unfriends” Employer Over Facebook “Like”

by BakerHostetler on

On August 25, the National Labor Relations Board found in Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Sanzone, Case No. 34-CA-012915, and Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Spinella, Case...more

Some Firings Based on Social Media Use May Be Okay

In early November, an administrative law judge of the National Labor Relations Board dismissed a complaint filed against an employer, finding that the employer did not violate the National Labor Relations Act by withdrawing...more

Twitter: Employee Who Complained about Sexual Harassment via Twitter Fired

Adria Richards is a self-described “endlessly enthusiastic technology evangelist.” While attending a large technology conference in Santa Clara, California, Ms. Richards overheard two men sitting behind her making a series...more

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

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

Tweet, Follow, Or Get Out Of The Way: What All Employers Need To Know About Social Media In The Workplace

by Akerman LLP - HR Defense on

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media in the workplace has become a fact of life for all employers. Companies are learning that these once feared social media sites can be powerful marketing...more

NLRB Orders Reinstatement of Employees Fired Over Discussion on Facebook

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

What Would Jesus Do?

by Ervin Cohen & Jessup LLP on

On January 25, 2013, Chelsea Welch, a server at a St. Louis Applebee’s, was terminated from her position after posting online a photograph of a note a customer wrote on a receipt. The note, left by a Missouri-based pastor,...more

The Dangers Of Social Media And Employee Discipline

by Michael Volkov on

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

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 Ifrah PLLC on

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

What Some Would Call Harassment, The NLRB Calls Protected Concerted Activity

by Pierce Atwood LLP on

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

NLRB Confirms that Comments Posted on Social Media May Be Entitled to Protection

by Foley Hoag LLP on

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 Ballard Spahr LLP on

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

Board Affirms Decision Ordering Reinstatement Of Employees Terminated For Facebook Comments

by McNees Wallace & Nurick LLC on

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

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