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NLRB Strikes Down Employer Rule Prohibiting External Communications

Kollman & Saucier
Kollman & Saucier
01/31/2013
Labor Law, Social Media
On January 25, 2013, the NLRB continued its assault on employer policies limiting employee communications. In its latest salvo, the Board struck down rules restricting communications with media representatives and law enforcement officials, as well as a prohibition on making external disclosures about the company, its customers, and its employees.  DirecTV U.S. DirecTV Holdings LLC, 359 NLRB No. 54 (2013). At issue in the case were four DirecTV...
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NLRB Gives Organized Labor New Gifts for the Holidays

Kollman & Saucier
Kollman & Saucier
12/26/2012
Agency Activity, Labor Law, Social Media
Over the past several years, December holiday cheer has meant more than just Santa Claus climbing down the chimney to deliver presents in the homes of union supporters. It has also meant that it's time for the National Labor Relations Board (NLRB) to issue union-friendly decisions prior to the expiration of a Board member's term. 2012 has proved to be especially good one for organized labor. In a series of rulings coinciding with the end of Board...
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Unions Make America "Stronger" - Really?

Kollman & Saucier
Kollman & Saucier
12/12/2012
Labor Law, Legislative Developments
On Monday, President Obama told a Michigan audience that he opposes right to work laws because "unions have helped build not just a stronger  middle class but a stronger America."  If the gentlemen shown in this video from yesterday's protests at the Michigan state house are representative of union membership, we don't need this kind of "stronger America" - unless we are in need of casting for a remake of Rocky...
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Michigan Bill That Weakens Union Power Passes in State Legislature

Kollman & Saucier
Kollman & Saucier
12/11/2012
Labor Law, State Law
The Republican heavy Michigan Statehouse today passed “right to work” legislation that will significantly weaken a union’s powers.  Michigan’s Governor, Rick Snyder, announced that he would sign the legislation which would permit public and private sector workers at union-represented companies to forgo paying union dues as a condition of employment.  Michigan, of course, is the birthplace of the United Auto Workers, and nearly 18% of its...
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Four More Years: What Does Obama's Reelection Mean for Employers?

Kollman & Saucier
Kollman & Saucier
11/07/2012
Agency Activity, Disability & Leave, Employment Discrimination, Labor Law, Legislative Developments, Wage & Hour, Workplace Safety
With the results of the Presidential election now in, its time to answer a question I’ve heard from a number of clients today: what does President Obama’s reelection mean for employers?  The short answer: you can expect to see a lot of blog posts from us about aggressive enforcement initiatives by the NLRB, DOL, EEOC, and other enforcement agencies.  In this post, I’ll give you a high level overview of what I think we are going to see. NLRB:...
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NLRB Finds "At Will" Disclaimers in Employee Handbook to be Legal

Kollman & Saucier
Kollman & Saucier
11/02/2012
Agency Activity, Labor Law
On October 31, 2012, the NLRB did something it has not done too often in recent years: it delivered some good news to employers.  In two Memoranda from the Board’s Division of Advice, the Board found “at will” disclaimers  in employee handbooks to be lawful.   In so doing, the Board contrasted the disclaimers with one that was struck down  by an Administrative Law Judge in February. The issue presented by the disclaimers is whether or not...
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NLRB Strikes Down Hotel Rule Limiting Employees’ Off Duty Access

Kollman & Saucier
Kollman & Saucier
10/12/2012
Labor Law
September 28, 2012 was a busy day at the National Labor Relations Board (“NLRB”).  Not only did the Board issue its first Facebook ruling (Karl Knauz Motors, Inc.), it also decided it latest case invalidating an employer rule limiting employee access.  In Marriott International, Inc., 359 NLRB No. 8 (2012), the Board ruled that a hotel rule barring off duty employees from returning to the hotel interior or using its facilities without...
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Employer Policy Prohibiting Social Media Use During Company Time Violates the NLRA

Kollman & Saucier
Kollman & Saucier
10/03/2012
Labor Law, Social Media
The NLRB keeps at it and tells us, once again, that social media policies are almost never going to pass any smell test.  An administrative law judge for the Board issued another decision that seemingly binds the hands of employers who seek to keep their employee productive and focused on work during work time.  In ECHOSTAR, Inc., No. 27-CA-066726 (ALJ Anderson, Sept. 20, 2012),  the ALJ ruled that EchoStar Technologies’ social media policy...
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NLRB Rules Facebook Firing is Legal But Still Strikes Down Employer Policy

Kollman & Saucier
Kollman & Saucier
10/02/2012
Labor Law, Social Media
On September 28, 2012, the National Labor Relations Board (“NLRB”) issued the latest decision in its determined effort to define the permissible scope of social media rules in the workplace.  In Karl Knauz Motors, Inc., 358 NLRB No. 164 (2012), the Board ruled that a BMW dealership did  not violate the National Labor Relations Act (“NLRA”) when it fired a car salesman for photos and comments posted on his Facebook page.  However, the Board...
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NLRB Extends Protection to Lying and Using Vulgar Language at Work

Kollman & Saucier
Kollman & Saucier
09/28/2012
Labor Law
On September 19, 2012, the National Labor Relations Board (“NLRB”) continued its assault on an employer’s right to set and enforce reasonable workplace rules.  This time, the target was a mean-spirited employer who had to gall to fire an employee who scrawled profanities on newsletters left in a break room and then lied to an investigator when asked if he had done it.  Because the conduct occurred in the context of a union decertification...
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