News & Analysis as of September 19, 2024

Offensive Language

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Second Circuit Identifies Outer Limits of NLRA-Protected Speech

Pullman & Comley - Labor, Employment and... on 5/16/2017

The National Labor Relations Act (NLRA) generally prohibits employers from retaliating against employees based on their union-related activities or for taking concerted action to improve the terms and conditions of their...more

Expletive-Laced Facebook Rant Protected Under Federal Labor Law

Parker Poe Adams & Bernstein LLP on 5/5/2017

Many people have fanaticized about telling their boss what they really think about him or her. Fortunately, most employees have the good sense not to write down what they are thinking about their employer....more

!@#$% Vote Yes for the UNION! Facebook Post Protected by the NLRA? Second Circuit Says Yes

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/4/2017

In National Labor Relations Board v. Pier Sixty, LLC, No. 15-1841 (April 21, 2017), the Second Circuit upheld the National Labor Relations Board’s (NLRB) finding that an employee’s Facebook post, although “vulgar and...more

Second Circuit Affirms NLRB View That Facebook "Likes" Are Protected Concerted Activity

Parker Poe Adams & Bernstein LLP on 11/2/2015

Last week, the Second Circuit Court of Appeals backed the National Labor Relations Board’s position that employee social media postings are protected concerted activity under federal law, even if they use obscenities that...more

Is Posting Obscenities Aimed At Supervisor On Facebook A Terminable Offense?

Allen Matkins on 5/12/2015

Maybe not, according to a recently published NLRB decision. In Pier Sixty LLC, a majority of a three-member NLRB panel affirmed an ALJ’s decision that the employer violated Section 8(a)(1) and (3) of the National Labor...more

NLRB determines vulgar Facebook posts protected concerted activity

Robinson & Cole LLP on 4/21/2015

The National Labor Relations Board (NLRB) determined that Pier Sixty LLC, a New York catering service, violated federal labor law by firing an employee server after he posted a Facebook message protesting supervisory abuse...more

NLRB Holds Employee’s Obscene Facebook Post Criticizing Supervisor is Protected

Mintz - Employment, Labor & Benefits... on 4/14/2015

We have written previously about the expanding scope of social media activities that the National Labor Relations Act protects and the tight limits the NLRB places on an employer’s ability to discipline employees for...more

NLRB Finds Employee’s Extremely Profane Facebook Post was Protected Concerted Activity

Franczek P.C. on 4/14/2015

The National Labor Relations Board recently demonstrated how far it will go to protect employees in the name of protected concerted activity. In Pier Sixty, LLC, an employee took to Facebook to call his manager a...more

NLRB Rejects Profane Employee Facebook Rant as Grounds for Termination

Parker Poe Adams & Bernstein LLP on 4/10/2015

For decades, the National Labor Relations Board has recognized boundaries on employees’ rights to engage in activity protected under federal labor laws. While employees have been granted leeway to engage in heated or...more

Are You A Nasty Mother Fu*ker?

Cozen O'Connor on 4/3/2015

I don’t know if you are or aren’t. That’s probably for a different timeforhardselfassessmentlawblog.com (wish I had purchased that domain). However, I do know that your employees apparently can call their manager a nasty...more

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