News & Analysis as of

Protected Concerted Activity › Facebook › Employer Liability Issues

The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve... more +
The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union.  less -
Butler Snow LLP

Nashville Trump Supporter Fired Over Facebook Post Wins Trial

Butler Snow LLP on

Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more

Obermayer Rebmann Maxwell & Hippel LLP

Employers Beware: Can You Legally Terminate an Employee for a Controversial Facebook Post?

Obermayer Rebmann Maxwell & Hippel LLP on

In this era of social media, it has become quite common for employees to post information online about their personal lives, their political views, and information related to their jobs. Social networks have increasingly...more

Parker Poe Adams & Bernstein LLP

NLRB Says Facebook Comments About Workplace Safety Remain Protected

Parker Poe Adams & Bernstein LLP on

Despite changes to the composition of the National Labor Relations Board over the past year, the NLRB’s position with regard to protection of employee social media discussions remains unchanged. Last month, the NLRB affirmed...more

Sherman & Howard L.L.C.

Facebooking Misappropriated Employer Form Is Not Protected Activity

Sherman & Howard L.L.C. on

On June 11, 2018, the National Labor Relations Board (Board) Division of Advice applied the Board’s new Boeing standard for assessing employer policies. The Division advised that an employer did not violate the NLRA when it...more

McNees Wallace & Nurick LLC

Social Media in the Workplace: More Changes Ahead?

McNees Wallace & Nurick LLC on

In days past employees discussed and debated workplace issues around the water cooler. That sentimental past-time has long since been replaced by online social media networking and the reach of social media is stunning....more

Dorsey & Whitney LLP

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

Dorsey & Whitney LLP on

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

Saul Ewing LLP

Employee’s Facebook Post Crossed the Line

Saul Ewing LLP on

Last week, the Third Circuit denied a Pennsylvania-plaintiff’s application to have her retaliation claim against her former employer reinstated. The plaintiff, Mindy Caplan, a former district manager for the retail chain...more

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

Orrick - Employment Law and Litigation

Oh F**k: Employee’s Profane Facebook Post is Protected Activity

Orrick - Employment Law and Litigation on

On April 21, 2017, the Second Circuit Court of Appeals upheld a National Labor Relations Board (NLRB or Board) ruling that an employer violated the National Labor Relations Act (NLRA or Act) when it discharged a catering...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

Allen Matkins

Second Circuit Affirms NLRB Decision Employers Won’t Like

Allen Matkins on

Back in August 2014, we discussed an NLRB decision, which concluded that employees’ use of Facebook’s “like” button can constitute protected concerted activity under Section 7 of the National Labor Relations Act and that the...more

Dorsey & Whitney LLP

Quirky Question #269: Like it or Not – Facebook Post Protected Under the NLRA

Dorsey & Whitney LLP on

Question: I own a small manufacturing company that employs 25-35 employees, depending on our workload. Over the years, a number of my customers and my employees have “friended” me on Facebook. Last week, I saw that one of...more

Obermayer Rebmann Maxwell & Hippel LLP

Where’s the “Dislike” Button? 2nd Circuit Affirms Employee-Friendly Social Media Ruling

Obermayer Rebmann Maxwell & Hippel LLP on

In my last post on HR legalist, I outlined the current state of the law regarding employee social media use. One trend I have been following is the National Labor Relations Board’s expansion of protections for employees who...more

Parker Poe Adams & Bernstein LLP

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

Parker Poe Adams & Bernstein LLP on

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

Hinshaw & Culbertson LLP

Facebook “Like” Protected Speech Under the NLRA

Hinshaw & Culbertson LLP on

We all have them. Friends and family who overshare on Facebook. Their food choices (complete with pictures), exercise routine, and relationship drama, all solidified in the form of a status update. Annoying maybe, but mostly...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Upholds That Facebook "Likes" Can Be Protected, Concerted Activity

Faegre Drinker Biddle & Reath LLP on

On October 21, 2015, the Second Circuit upheld the National Labor Relations Board’s (NLRB) earlier ruling that clicking the Facebook “Like” button can be protected concerted activity. The Triple Play Sports Bar & Grill fired...more

Mintz - Employment, Labor & Benefits...

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

Mintz - Employment, Labor & Benefits... on

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

McNees Wallace & Nurick LLC

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

McNees Wallace & Nurick LLC on

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

Shumaker, Loop & Kendrick, LLP

Social Media Policies Revisited: The Facebook “Like” As Protected Activity

Shumaker, Loop & Kendrick, LLP on

The National Labor Relations Board (“NLRB”) continues to expand its reach beyond its traditional role involving unionized workforces. In particular, the NLRB has continued an aggressive campaign begun in 2011 to crackdown on...more

Parker Poe Adams & Bernstein LLP

NLRB Says "Liking" Another Employee's Facebook Comment is Protected Activity

Parker Poe Adams & Bernstein LLP on

The National Labor Relations Board continues its line of decisions declaring employee social media use as protected concerted activity under Section 7 of the NLRA. Last month in Triple Play Sports Bar & Grille, the Board...more

Bradley Arant Boult Cummings LLP

NLRB: Facebook “Like” is Protected, Concerted Activity Under the Labor Act

Bradley Arant Boult Cummings LLP on

The NLRB recently issued another case on employer social media policies, ruling that clicking Facebook’s “Like” button can constitute “protected, concerted” employee activity under the National Labor Relations Act (NLRA)....more

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

Protected Concerted Activity on Facebook: The NLRB “Likes” This

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

The National Labor Relations Board (NLRB) continues to expand its interpretation of the forms of employee online behavior that constitute protected concerted activity under the National Labor Relations Act. Recently, in Three...more

Nossaman LLP

More Reasons for Employers to "DISLIKE" Facebook

Nossaman LLP on

The National Labor Relations Board is at it again – wading into the social media foray, that is. In a case that has been percolating since 2011, the NLRB has ruled that an employer must reinstate an employee who was...more

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

Social Media & Protected Activity: Not Always a Third Rail for Employers

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

The efforts of the National Labor Relations Board (NLRB) to expand the definition of employee activity protected by section 7 of the National Labor Relations Act (NLRA) and its aggressive prosecution of employers alleged to...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide