By: Paul Galligan and Howard M. Wexler
In Richmond District Neighborhood Center, 361 NLRB No. 74 (2014) (“Richmond”) the National Labor Relations Board (“Board”) affirmed an ALJ’s decision (previously discussed here) finding that the “insubordinate” and “egregious” Facebook comments of two employees went too far and thus lost protection of the Act, justifying…
On Wednesday, November 12, 2014, NLRB General Counsel Richard Griffin, NLRB Board Member Harry Johnson, and EEOC Commissioner Chai Feldblum participated in a panel discussion that touched upon employers’ use of social media during the hiring process. Their remarks highlighted the need for employers to be cautious about looking at…
By Jeffrey A. Berman and Candice T. Zee
In Triple Play Sports Bar & Grille, 361 NLRB No. 31 (2014), the National Labor Relations Board ruled that a Facebook discussion regarding an employer’s tax withholding calculations and an employee’s “like” of the discussion constituted concerted activities protected by the National Labor Relations Act (“Act”).…
By: Paul Galligan and Howard M. Wexler
The National Labor Relations Board’s focus on all things social media is a topic that we have previously covered on several occasions, most recently here and here. While the Board routinely holds that the NLRA gives employees some leeway for, shall we say, “unprofessional” behavior–including when such…
By: Gary Glaser, Esq.
In Tasker Healthcare Group dba Skinsmart Dermatology, NLRB Div. of Advice, Case No. 04-CA–094222 (issued 5/8/13, released 5/17/13), the NLRB’s Division of Advice concluded that an employer did not commit an unfair labor practice when it fired an employee for profanity-filled comments she made about the Company in a…
By Howard Wexler, Esq.
As recently reported on this blog here, here, and here, the NLRB has aggressively been trying to regulate the workplace implications of social media in both union and non-union workplaces alike. The NLRB’s recent decision in New York Party Shuttle, LLC, 359 NLRB No. 112 (May…
By Marc R. Jacobs, Esq.
In Design Technology Group LLC d/b/a Bettie Page Clothing, 359 NLRB No. 96 (4/19/13), the National Labor Relations Board (NLRB) continued its aggressive efforts to regulate the workplace implications of social media in non-union workplaces. In this decision, the NLRB: (a) determined that several employees had engaged in…
Today, in Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (2012), the NLRB released its first decision to examine protected, concerted activity involving Facebook. Given the ubiquity of this social networking site, the Board’s decision should generate a great deal of interest. By a 3-1 vote, the Board held…
The General Counsel-side of the NLRB has been busy investigating and prosecuting unfair labor practice charges involving social media in 2011 and 2012. As evidenced in his two Operations Memoranda pertaining to social media cases, i.e., OM 12-31 (which can be viewed HERE) and OM 11-74 (which can be viewed HERE…
