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: 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 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…
On May 30, 2012, NLRB Acting General Counsel Lafe Solomon issued an additional report discussing several corporate social media policies alleged to violate the NLRA. In Solomon’s third report on social media issues in the last year, he continued to take an aggressive look at employers’ social media policies, finding that…
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…
