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Off-Duty Employees The National Labor Relations Act

Way to Get Fired Number 4,527: Posting A Picture of Yourself Flipping Off the President

In a prior blog post, we discussed whether a private employer can terminate an employee for protesting. This week, we have another example of “off-duty employee” conduct that may result in them standing in the unemployment...more

Employer Discretion to Terminate Employees for Off-Duty Conduct in the Age of Charlottesville

by Clark Hill PLC on

Before the rise of social media, employees' off-duty conduct was generally unknown to an employer, even if that conduct involved violence or unlawful conduct. On August 12, 2017, it took mere hours before the participants in...more

Can You Fire an Employee Involved in Racist Protests? Should You?

by FordHarrison on

Following recent events in Charlottesville, Virginia involving a “Unite the Right” rally organized by multiple white nationalist groups protesting the removal of a statue of Robert E. Lee, which turned violent and ended in...more

Digital Disruptions: Handling Social Media Misuse By Students And Educators

by Fisher Phillips on

Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

Off-Duty Employees Had Right to "Hang Out" on Employer's Property to Publicize Dispute

by FordHarrison on

An administrative law judge recently ruled that a Pacific Northwest fast food chain violated the National Labor Relations Act (NLRA) by maintaining a policy that prohibited off-duty employees from loitering or “hanging out”...more

NLRB Finds “No Loitering” Policy Unlawful

Many employers assume that they have broad authority to control off-duty employee access to employer property. A recent ruling by the National Labor Relations Board (NLRB) may require a second look at “No Loitering” policies....more

Dear Littler: Can A Boss Fire Someone for Off-Duty Political Activities?

by Littler on

Dear Littler: I saw one of my employees on the local news the other night participating in a political rally over the weekend. We try to maintain a tension-free workplace. Can I discipline him for this conduct? Can I at least...more

Get Off My Lawn (Or Gurney): Off Duty Employees Allowed To Picket on Hospital Employer’s Property

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a split decision, the NLRB ruled that off-duty employees of an acute care hospital had the right to picket the hospital’s main lobby entrance. After the collective bargaining agreement between acute...more

The Great Debate: Policing Politics in the Office

With the Republican National Convention well underway and the Democratic National Convention set to begin in Philadelphia on July 25, 2016, the workplace is abuzz with political discussions, a flood of political memes and...more

eWorkplace Policies Restricting Employees’ Acceptable Use of Technology, Social Media & The Cloud

by Fenwick & West LLP on

I. OVERVIEW – THE MODERN LANDSCAPE - A. Physical Conduct PLUS Digital Activity - Traditional concerns for employers have included: conduct leading to liability to third-parties; “frolic and detour” or other...more

Unlawful Limited Access Policies

The National Labor Relations Board enforces the National Labor Relations Act which provides non-supervisory employees with the right to engage in “concerted activities for the purpose of collective bargaining or other mutual...more

NLRB Expands Employee Rights to Enter Workplace Outside Work Hours

by Morgan Lewis on

Board's recent decision in J.W. Marriott makes it more difficult for employers to control off-duty employee access to the workplace. Over the past year, the National Labor Relations Board (NLRB or Board) has used the...more

The End of Common Sense? NLRB Decision on Off-Duty Access Leaves Employers in a Bind

Continuing its recent line of decisions that will cause many employers to restrict, rather than expand, opportunities for off-duty employees to access employers' facilities, a panel of the Board in Marriott International,...more

NLRB Holds Employers Cannot Bar Off-Duty Employees From Entering Facility If Allowed to Engage in a Variety of Company-Related...

by Miller & Martin PLLC on

In a recent decision, Sodexo America LLC, 358 NLRB No. 79 (July 3, 2012), the NLRB declared that an employer rule prohibiting off-duty employees from coming into the interior of a hospital or onto outside areas of the...more

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