News & Analysis as of

The National Labor Relations Act Karl Knauz Motors Employee Handbooks

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Fisher Phillips

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

Fisher Phillips on

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

Mintz - Employment, Labor & Benefits...

Does the NLRA really Protect A Worker's Right to Be Rude? The NLRB Thinks So!

What a year it’s been for the National Labor Relations Board! Under the guise of preserving workers’ rights under Section 7 of the National Labor Relations Act, which includes the broad right “to engage in [ ] concerted...more

Manatt, Phelps & Phillips, LLP

Social Media Update - The NLRB Upholds Employer-Friendly Ruling in First Decision Involving Firing Over a Facebook Posting

As a powerful tool to reach a wide audience and a vehicle for users to reveal otherwise private information, social media creates fertile ground for litigation, particularly in the employment and labor context. In the first...more

Pierce Atwood LLP

NLRB Says Facebook Firing is Lawful, But Social Media Policy is Not

Pierce Atwood LLP on

The National Labor Relations Board (NLRB) recently issued its first decision regarding an employee’s termination due to posts on Facebook. The decision, a mixed bag for employers, demonstrates—again—the NLRB’s increasing...more

Littler

Social Media Policies in the NLRB's Crosshairs

Littler on

Between the summer of 2011 and the spring of 2012, the Acting General Counsel of the National Labor Relations Board (NLRB), Lafe Solomon, published three Advice Memos that expressed his views on the application of the...more

Constangy, Brooks, Smith & Prophete, LLP

Car Dealership Must "Cease and Desist" from Requiring Courteous Behavior, NLRB Rules

We reported previously on a case in which a BMW salesman was terminated for postings on Facebook. (His dealership had served hot dogs and chips at a customer event, which the salesman thought was too low-brow for luxury car...more

Franczek P.C.

NLRB Finds That Employer Lawfully Fired Employee Over Facebook Posts, But Its Courtesy Policy Violated The NLRA

Franczek P.C. on

On October 1, 2012, the National Labor Relations Board (NLRB) issued another decision addressing the intersection between the National Labor Relations Act (the Act), social media, and handbook policies prohibiting...more

Proskauer - Labor Relations

Update: NLRB Upholds Termination For Facebook Posting, But Nails Employer For Unrelated Handbook Policy

The NLRB has received a lot of attention for its actions the last couple years. One of the storms was caused by the agency’s attention to employer actions based on employee Facebook postings. More to the point, employers were...more

Ballard Spahr LLP

Employee’s Facebook Posting Not Protected Activity, Says NLRB

Ballard Spahr LLP on

The National Labor Relations Board’s most recent decision demonstrates that not all employee social media posts are protected by the National Labor Relations Act. Questions remain, however, about the extent to which employees...more

Morgan Lewis

NLRB Strikes Down Employee Handbook Language and Issues First Social Media Decision

Morgan Lewis on

Continuing its aggressive foray into nonunion workplaces, the NLRB has weighed in on social media and employee handbook issues, finding certain language to be unlawful under Section 8(a)(1) of the National Labor Relations...more

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