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The National Labor Relations Act › Obscenity

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 -
Tonkon Torp LLP

Employer Cannot Fire Employees For Obscenity-Laced Facebook Posts During Union Organizing Campaign

Tonkon Torp LLP on

Section 7 of the National Labor Relations Act protects employees who engage in concerted activities for purposes of collective bargaining or for mutual aid and protection. How far that protection extends was tested in NLRB v....more

Mintz - Employment Viewpoints

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

Mintz - Employment Viewpoints on

The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit...more

Fisher Phillips

F-Word Facebook Firing Flipped By Federal Court

Fisher Phillips on

In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more

Akerman LLP - HR Defense

Will The NLRB’s Protection of Unacceptable Conduct Last?

Akerman LLP - HR Defense on

It’s ironic, isn’t it? While the EEOC could find an employer liable for tolerating racist or sexist remarks by employees, the NLRB has repeatedly found employers liable for failing to do so under the guise of protecting...more

Morrison & Foerster LLP - Social Media

The Second Circuit Tackles Employee Rights, Obscenities & Social Media Use

Morrison & Foerster LLP - Social Media on

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

Manatt, Phelps & Phillips, LLP

Employment Law - April 2015

Manatt, Phelps & Phillips, LLP on

To Accommodate or Not to Accommodate? U.S. Supreme Court Weighs in on Pregnant Employees - Why it matters: The U.S. Supreme Court decided the first of two major employment law cases this term when a 6-3 majority of...more

McAfee & Taft

NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

McAfee & Taft on

Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary...more

Holland & Knight LLP

Recent NLRB Decisions Condone Workplace Profanity and Insubordination - Employers Need to Know What Is Considered Protected...

Holland & Knight LLP on

An administrative law judge (ALJ) of the National Labor Relations Board (the "Board") recently found that a Hooters employee who cursed at her co-worker during an employee bikini contest was wrongfully terminated by her...more

Cranfill Sumner LLP

Make Mine a Venti Hazelnut Latte with an F-Bomb

Cranfill Sumner LLP on

In the words of the immortal Yogi Berra, “it’s like déjà vu all over again.” For the second time in a month, the Nasty Language National Labor Relations Board has decided that an employee should not have been fired for...more

Cranfill Sumner LLP

NLRB Says Cussing Out Boss is OK, So What’s a Business to Do?

Cranfill Sumner LLP on

[Ed. Note: We know we’re a little late to the party with this one, but we just read the decision and had to share it for anyone else who has been in a news blackout for the past couple weeks.] You’d think that an...more

Benesch

NLRB Stands Behind Swearing Salesman

Benesch on

Employers beware: the National Labor Relations Board (“Board”) decided that an employer, a car dealership, unlawfully discharged an employee after his lewd outburst in a meeting. On remand from the United States Court of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Rules That Employee who Launched “F-Bombs” at Company Owner Did Not Lose Protection Under Federal Labor Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on

If an employee curses at and blatantly disrespects the owner of the company for whom he works, most people would reasonably conclude that the employee can be discharged. However, a recent decision issued by the National Labor...more

Cozen O'Connor

The Truth About As*holes

Cozen O'Connor on

Here’s the truth: we are a litigious society. For a lot of reasons beyond the scope of this blog, a smarter workforce with ever-increasing access to information and resources continues to file employment lawsuits in record...more

BakerHostetler

Despite an Appellate Remand, the NLRB Allows an Ad Hominem Attack on an Employer

BakerHostetler on

In its recent 2-1 decision in Plaza Auto Center, Inc., 360 NLRB No.117 (May 28, 2014), the National Labor Relations Board again demonstrated its pro-employee bias and its willingness to twist a circuit court mandate and facts...more

Faegre Drinker Biddle & Reath LLP

Shouting Profanities at Your Boss: Protected Concerted Conduct According to NLRB

Faegre Drinker Biddle & Reath LLP on

The National Labor Relations Board (NLRB) recently held, in a 2-1 decision, that an employee who shouted profanities at his boss did not lose the protection of the National Labor Relations Act (NLRA) and required the employer...more

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