The 4th U.S. Circuit Court of Appeals has affirmed an April 2012 decision of the U.S. District Court for the District of South Carolina (Chamber of Commerce v. NLRB, D.S.C., No. 11-cv-2516, 4/13/12), striking down the National Labor Relations Board’s (NLRB) controversial notice posting rule. The rule would have required most U.S private-sector
Expression of “personal contempt” in Facebook group message did not constitute protected concerted activity.
By Maria Danaher on
Posted in NLRA
By now, most employers are aware of a number of “Facebook Firing” cases, in which individuals who were fired for Facebook postings have been reinstated after the National Labor Relations Board (NLRB) found the postings to have been “protected concerted activity” under the National Labor Relations Act (NLRA). However, on May 8, 2013…
D.C. Circuit holds recess appointments to NLRB invalid.
By Maria Danaher on
Posted in NLRA
On January 25, 2013, a three-member panel of the D.C. Circuit Court of Appeals issued a decision in finding that the recess appointments to the National Labor Relations Board (NLRB or Board) by President Obama on January 4, 2012 were unconstitutional. Noel Canning v. NLRB, No. 12-1115, D.C. Circuit Court of Appeals (January 25, 2013).…
Termination for Facebook posting does not violate state invasion of privacy law.
By Maria Danaher on
Posted in NLRA, Social Networking
Recent court decisions related to employees’ online postings have centered on whether disciplinary decisions regarding those postings may violate the National Labor Relations Act (NLRA). The NLRA protects certain employee “concerted activities” aimed at discussing or improving working conditions, and precludes interference with such communications, including online messages. However, individuals also have brought other legal…
NLRB provides further direction on social media policies in recent advice memorandum.
By Maria Danaher on
Posted in NLRA, Social Networking
Last month, employers received a little more help from the National Labor Relations Board (NLRB) in formulating social media policies that pass muster under scrutiny from the Board. On October 19, 2012, the Associate General Counsel (AGC) for the NLRB’s Division of Advice provided a useful and well organized opinion in response to a request…
NLRB is finding ways to implement its Employee Rights Notice posting, in spite of legal challenges.
By Maria Danaher on
Posted in NLRA, Social Networking
On September 28, 2012, a three-member panel of the National Labor Relations Board (NLRB) affirmed the decision of an Administrative Law Judge (ALJ) who upheld a car dealership’s firing of a salesperson that was based on a Facebook posting. But it also found a way to include its Notice of Employee Rights poster in the…
Definition of “concerted activity” continues to be construed broadly by the NLRB.
By Maria Danaher on
Posted in NLRA
Recently, the National Labor Relations Board (NLRB) has issued a number of decisions restricting the ways in which employers can limit employee electronic communications, even when those communications may damage the company or another employee’s reputation. For many employers, those decisions have caused serious consternation, as companies now focus on what can and cannot …
Employers must be able to recognize a Weingarten request in order to avoid liability under the NLRA.
By Maria Danaher on
Posted in NLRA
Section 8(a)(1) of the National Labor Relations Act (NLRA) makes it illegal for an employer to interfere with or restrain employees from exercising the rights accorded to them under that Act. In NLRB v. J. Weingarten, 420 U.S. 251 (1975), the U.S. Supreme Court held that the NLRA “guarantees an employee’s right to the presence…
Violation of the National Labor Relations Act (NLRA) leads to serious penalties.
By Maria Danaher on
Posted in NLRA
Discipline imposed pursuant to a company policy that restricts employees from any discussions of their wage rates may implicate Section 7 of the National Labor Relations Act (NLRA). Section 7 protects the right of employees to engage in “concerted activities” with each other for the purpose of collective bargaining or in efforts to improve working…
NLRB turns its attention to the elements of an acceptable Social Media Policy.
By Maria Danaher on
Posted in NLRA, Social Networking
Section 7 of the National Labor Relations Act (NLRA) protects the right of employees to engage in “concerted activities” with each other for the purpose of collective bargaining or in efforts to improve working conditions and terms of employment. These concerted activities can be done in person, or by other methods of communication, including electronic…