Tag Archives: protected concerted activity

NLRB Speak on Employee Handbook Provisions (Again). Private Sector Employers Take Note.

Ver la versión en español aquí Coastal Industries, a Jacksonville, Florida employer, thought it had an employee handbook that was compliant with the dictates of the National Labor Relations Board (NLRB). After a NLRB review of its handbook, however, it got a rude awakening. Remember, the NLRB can find workplace policies to be unfair labor … Continue Reading

Class Action Waivers: Will The Supreme Court Successfully Realign the Litigation Galaxy?

Ver la versión en español aquí Finally. The wait is almost over. The U.S. Supreme Court will decide whether an employer may enforce a mandatory arbitration agreement that contains a class action or collective action waiver. Last Friday, the Supreme Court agreed to hear 3 cases stemming from the NLRB’s 2012 decision in D.R. Horton, … Continue Reading

Employees Behaving Badly III: Now What?

Ver la versión en español aquí This is the second time my post discusses Donald Trump, except now he is President-elect Donald Trump.  Much has been written in the week since his election regarding how his presidency may impact employers.  Overall, the consensus seems to be that established laws such as Title VII and the … Continue Reading

Have an Election Season Free from Tax Penalties!

Ver la versión en español aquí It’s hard to turn on a TV, read the news, or walk into a social setting without hearing about the election. As we head into the full-blown campaign season, we want to remind you that federal tax law specifically prohibits political campaign activity by employers that are tax exempt … Continue Reading

NLRB Judge Nixes Part of Hospital’s Code of Conduct

A National Labor Relations Board  (NLRB) administrative law judge recently found two code of conduct rules that prohibited comments exceeding “the bounds of fair criticism” and behavior that  “is counter to promoting teamwork” violated the National Labor Relations Act (NLRA).   Click here for copy of the case.  The case arose after the William Beaumont  Hospital terminated … Continue Reading

Firing By Non-Profit for Inappropriate Facebook Conversation OK’d By NLRB Judge

A NLRB judge recently ruled that a non-profit’s discharge of two employees for having an inappropriate conversation on Facebook about the non-profit did not run afoul of the National Labor Relations Act.  Click here for copy of the case.  On July 30, 2012,  the non-profit, a corporation that ran an after school teen center in … Continue Reading

I Hear There is an Election Coming Up – Is There Anything I Should Be Concerned About?

If you have not watched television or driven on any road lately, you might be surprised to learn that there is a presidential election scheduled for Tuesday, November 6.  Well maybe not.  This blog focuses on issues that employers should consider during the next few weeks. Florida law does not require employers to give employees … Continue Reading

Employers Beware: NLRB Says Your Confidentiality Rules and At-Will Employment Disclaimers May Violate the Law

This summer, the National Labor Relations Board (“NLRB”) highlighted its position that confidentiality rules and at-will employment disclaimers routinely promulgated by employers may violate the federal labor law.  The NLRB held that a generalized directive to employees not to discuss matters under investigation with co-workers interfered with the National Labor Relations Act (“NLRA”).  The NLRB … Continue Reading

National Labor Relations Board Highlights Examples of Protected Concerted Activity on New Web Page

If you are a non union employer be afraid – be very afraid.  Take a look at the NLRB’s new web page that highlights cases where the Board thought that the activity engaged in by the employee was protected under federal labor law, http://www.nlrb.gov/concerted-activity.  The cases involve both union and non-union employers because the concept of … Continue Reading

NLRB Continues its Attack on Overly Broad Social Media Policies

We have been commenting on the National Labor Relations Board’s (NLRB) recent decisions on the lawfulness of social media policies. An NLRB Administrative Law Judge recently struck down a portion of a company’s social media policy that prohibited employees from commenting on work-related legal matters without the express permission of the company’s legal department. The … Continue Reading

Title VII Retaliation Does Not Cover Complaints About Investigatory Process

In a recent decision, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled that an employee who was terminated after complaining about the way her employer conducted a sexual harassment investigation did not have a claim for retaliation under Title VII.  Brush v. Sears Holdings Corp. is interesting because the plaintiff, Brush, … Continue Reading

NLRB Says No to Requiring Employees to Sign Arbitration Agreements Prohibiting Group or Class Action

On January 3, 2012, the National Labor Relations Board (NLRB) ruled in D.R. Horton, Inc., that requiring employees, as a condition of employment, to sign an arbitration agreement prohibiting them from filing collective or class actions for employment-related claims violates the law.  The decision involved an overtime case brought by Michael Cuda against his employer, … Continue Reading

Administrative Law Judge Reviews Two Facebook Postings – One Protected, One Not

As another follow-up to our posts, NLRB OK’s Employee Bad-Mouthing on Social Media, Update: The NLRB Seesaws On Social Media Bad-Mouthing, NLRB Issues Guidance On Social Media Policies and Administrative Law Judge Recommends Employees Fired For Facebook Be Reinstated and Provided Loss of Pay, an Administrative Law Judge (“ALJ”) has made a recommendation on another … Continue Reading

NLRB Issues Guidance on Social Media Policies

Yesterday, August 18, 2011, the National Labor Relations Board issued a 24-page memorandum summarizing the facts and outcome of the social media cases over the past year.  Several of the cases included in the memorandum are discussed in earlier posts (NLRB OKs Employee Bad-Mouthing on Social Media, Update: The NLRB Seesaws On Social Media Bad-Mouthing).  The introduction … Continue Reading

Update: The NLRB Seesaws on Social Media Bad-Mouthing

In the middle of the NLRB’s campaign to protect employees from disciplinary action for posting complaints about their employers on social media (see earlier post, NLRB OKs Employee Bad-Mouthing on Social Media), the NLRB has said that not all complaints are protected, even job-related complaints.  The NLRB issued three memoranda in July stating that employers did not … Continue Reading

Federal Appeals Court Agrees with NLRB That a Confidentiality Provision in an Employment Agreement Violated the Law

As discussed in an earlier post (NLRB OKs Employee Bad-Mouthing on Social Media), the National Labor Relations Board is not just in the business of regulating union activity.  According to law, two or more employees (regardless of union affiliation) are protected in acting together to improve the conditions of their employment, including wages and hours. This is … Continue Reading
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