Judge Rules Five Employees Were Unlawfully Fired for Facebook Comments

An Administrative Law Judge for the National Labor Relations Board (NLRB) has taken up the board's position that comments on Facebook and other social media sites can in many cases be considered "protected concerted activity."  In a recent ruling, Judge Arthur Amchan ordered Hispanics United of Buffalo (HUB) to restore the jobs of five employees […]

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Manufacturers Association Sues NLRB over Mandated Employee Rights Poster

The National Association of Manufacturers (NAM) has sued the National Labor Relations Board (NLRB) to rescind its required employee rights poster, which the association says the board lacks the authority to mandate. The NLRB on August 30 published a final rule mandating that virtually every business in America display an NLRB-worded poster to inform employees […]

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Down to Three Members, NLRB Still Overturns Three Bush-Era Rulings

With Wilma Liebman already departed, the National Labor Relations Board (NLRB) is down to three members with another departure looming at the end of the year. Nevertheless, the board has been busy overturning Bush-era decisions just days after publishing a final rule mandating the display of an NLRA Employee Rights Poster in virtually every workplace. […]

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NLRA to Publish Final Rule on Required Posting on Aug. 30

The National Labor Relations Board (NLRB) has released its final rule for the National Labor Relations Act (NLRA) Employee Rights posting requirement. This will be published in the Federal Register on Aug. 30, 2011. This rule requires employers subject to the NLRA to post notices of employee rights under the NLRA. Subpart A of the rule […]

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NLRB General Counsel Clarifies That Social Media Commentary Can Be Punished

Well, yes, in certain situations, anyway. Background: In Connecticut, a famous incident involving American Medical Response, which fired an employee for her bad-mouthing comments on Facebook, led to legal action by the local office of National Labor Relations Board (NLRB), which in turn led to a settlement and shudders in the business world that it […]

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NLRB Publishes Notice of Proposed Rule to Speed Up Union Elections

The National Labor Relations Board (NLRB) today (June 22, 2011) is publishing in the Federal Register a Notice of Proposed Rule Making (NPRM) to amend election rules that will allow for electronic filing and speedier voting time-frames and result-publishing. “Resolving representation questions quickly, fairly and accurately has been an overriding goal of American labor law […]

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NLRB Again Moves to Protect Fired Workers for Their Online Comments

In a batch of recent decisions, the National Labor Relations Board has been moving aggressively to safeguard both "protected concerted activity" among co-workers and online commentary by employees on social media sites. Yesterday (May 18, 2011), the NLRB joined the two initiatives in a complaint filed against Hispanics United of Buffalo after the nonprofit "unlawfully […]

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NLRB Expands Reach, Scope of ‘Protected Concerted Activity’

Section 7 of the National Labor Relations Act (NLRA) extends workplace safeguards to employees' "protected concerted activity" in discussing wages, hours and working conditions, a protection that was generally thought to be confined to union organizing. Thus if a worker were fired for discussing a union issue with other employees, that could be considered a […]

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NLRB Settlement Seems to Protect Employee Comments Online

The courts have yet to weigh in, but a recent settlement between the National Labor Relations Board (NLRB) and a Connecticut ambulance company may mean more freedom of speech—or at least retaliatory protection—for employees who post comments about their companies online. The incident has several angles to it, only one of which relates to the […]

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