F*** My Boss; F*** his mother; F*** his family… Fuggetaboutit

Darrell VanDeusen
Darrell VanDeusen
04/07/2015
So, what’s the big deal?   That doesn’t get you fired. At least that’s what the NLRB says. As long as you say it on Facebook during a union campaign. And you’re a union supporter. And you add “Vote YES for the union.” Pier Sixty, LLC, 362 NLRB No. 59 (March 31, 2015). Hernan Perez worked for Pier Sixty, a catering company in New York City. Some employees wanted a union, “in part because of concerns that management repeatedly treated...
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The Facebook Frenzy Continues... "Liking" A Post Is Now Protected Activity Thanks To The NLRB

Randi Klein Hyatt
Randi Klein Hyatt
09/04/2014
Once again, the National Labor Relations Board (NLRB) is taking a stance against employers who use social media activity as a basis for employment decisions.  While the list of NLRB cases and General Counsel Memorandum on the subject of social media and protected concerted activity continues to grow, the latest decision really goes to an extreme.  In Triple Play Sports Bar & Grille, 361 NLRB No. 31 (2014), the NLRB ruled that an employee's...
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Hooters “Don’t Disrespect Patrons” Rule Violates NLRA

Darrell VanDeusen
Darrell VanDeusen
05/23/2014
A NLRB ALJ has ruled that a Hooters Handbook’s Code of Conduct that listed a variety of “don’ts” – including “don’t disrespect patrons” – violates employee rights under the National Labor Relations Act. Hoot Winc, LLC, NLRB ALJ No. 31-CA-104872 (May 19, 2014). Yes, you read that right. There’s no question that the current NLRB is more employee friendly than it has been in a long time. There are a number of recent decisions from...
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NLRB Strikes Down Hospital Rule Against Workplace "Negativity"

Eric Paltell
Eric Paltell
04/03/2014
I remember my fourth grade teacher, Mrs. Wilbourne, telling us a very important rule: "if you don't have anything nice to say about someone, don't say anything at all."  Well, its a good thing the current NLRB was not around back then, because it looks like they would have had a problem with that rule. In Hill and Dales General Hospital, 360 NLRB No. 70 (April 1, 2014), a hospital decided to change its culture, which was plagued by "back-biting and...
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Profanity-Laced Facebook Exchange Not Protected By NLRA

Garrett Wozniak
Garrett Wozniak
11/25/2013
On November 12, 2013, a National Labor Relations Board (NLRB) administrative law judge (ALJ) concluded that discharged employees forfeited their rights under Section 7 of the National Labor Relations Act (NLRA) when their Facebook conversation includes comments about being insubordinate and disruptive in the workplace. The Richmond District Neighborhood Center (“Richmond”) is a California-based non-profit corporation.  Richmond operates after...
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Court Upholds Discipline of Police Officer for Facebook Posts

Over the past two years, there has  been a lot of focus on whether and when an employer may discipline employees for posts they make on blogs and social media sites.  Perhaps most notably, the National Labor Relations Board  ("NLRB") has issued guidance and decisions holding that employees have the right to complain about terms and conditions of employment on sites such as Facebook. In light of this recent trend, it was refreshing to see a recent...
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NLRB Strikes Down Employer Rule Prohibiting External Communications

Eric Paltell
Eric Paltell
01/31/2013
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

Eric Paltell
Eric Paltell
12/26/2012
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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Employer Does Not “Like” Court Decision: Facebook Postings About New Job Not A Breach of Non-Solicitation Clause

Randi Klein Hyatt
Randi Klein Hyatt
11/29/2012
Bristled that its clients interacted with a former employee on Facebook, a Massachusetts hair salon sought a preliminary injunction to cut short the stylist’s attempts to work at a competing salon and to force her to surrender the salon’s confidential information.  All puns aside, the Superior Court of Massachusetts recently ruled that certain Facebook postings were not a violation of the non-competition clauses in place.  Invidia, LLC v....
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Of Petraeus, Paramours, and Email

Eric Paltell
Eric Paltell
11/14/2012
As someone who has represented employers in employment law matters for more than 25 years, I have seen more than a few high level executives brought down by extramarital dalliances.  Married CEO’s who end up in bed with an administrative assistant; sales executives who send racy emails to a subordinate while sipping their fourth Jim Beam at a lonely hotel bar; human resources  professionals “sexting” coworkers .. you name it.  There is not...
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