Can language in the workplace, even if uttered during otherwise protected conduct, lose its “protected” status under the National Labor Relations Act (NLRA) because the language is too offensive? The answer is, generally,...more
Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more
On Saturday, August 12, as the nation watched, protests in Charlottesville, Virginia regarding the anticipated removal of a statue of Confederate general Robert E. Lee turned deadly. In the days and weeks after, both the...more
We live in an unfortunate time in which white nationalists and neo-Nazis are receiving a great amount of publicity. In the aftermath of this month’s events in Charlottesville, Virginia we are likely to see additional rallies,...more
Two recent major news stories again involve the intersection of politics with employment law. In the first matter, Google fired a programmer after he posted an internal document criticizing the company’s diversity...more
Google is cracking down on mobile pop-up ads by knocking down the search-result position of websites that use them. The National Labor Relations Board decided a social media policy that Chipotle had in place for its...more
Although no one reading this article would disagree with the premise that employers cannot and should not tolerate bigotry from anyone in their workforce, the NLRB apparently thinks otherwise. In a troubling decision handed...more
Recent District of Hawaii decision suggests social media policies are more important than ever, despite NLRB’s dramatic limits on employers’ ability to police employee speech on the Internet - Howard v. Hertz - ...more