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The Latest on NLRB Facebook Firings – Unlawful Terminations Abound.
We promised a series of posts discussing the National Labor Relations Board’s most recent report on social media cases (see NLRB Issues New Report on Facebook Firings), so here you go! First we’re...
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Lawful or Unlawful? A Question of Nuance and Context
In the latest installment of the National Labor Relations Board’s (“NLRB”) saga on social media, its Acting General Counsel has released a new report discussing social media policies. The NLRB’s...
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NLRB Finds Costco’s Policy Prohibiting Defamation Unlawful
Just when we thought the National Labor Relations Board (“NLRB”) had been noticeably quiet on the social media front, it came out with a ruling that has brought our attention back to the issue of...
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NLRB Finds Employees’ Facebook Posts Venting about Coworker Are Protected
On December 14, 2012, the National Labor Relations Board issued its latest Facebook firing decision, affirming the administrative law judge ruling in NLRB v. Hispanics United of Buffalo, Inc. (See our...
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Being Tricked into Firing an Employee is Not a Defense – More From the NLRB...
We’re extremely pleased to have another guest blogger this week – our colleague, Karen Schanfield. Karen is a shareholder in Fredrikson & Byron’s Employment & Labor Law Group, and, among other...
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Daring Your Boss To Fire You Is Generally Not a Good Idea
Starting this week, we are very pleased to share with our readers a series of guest posts by three of Fredrikson & Byron’s talented summer associates. Here is the first guest post, by summer...
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“Liking” on Facebook – The Internet Equivalent of a Yard Sign
Does clicking the “Like” button on Facebook amount to protected speech under the Constitution? According to a ruling on Wednesday from the Fourth Circuit, yes, it does. In fact, according to the...
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Employees’ Facebook Trash Talk Not Protected
The saga of Facebook firing cases continues. In this episode, a non-profit organization operating after school programs for high school students terminated two employees who engaged in an extensive...
View ArticleNLRB Says “Liking” a Post on Facebook Constitutes Protected Activity
In an August 22, 2014 decision, the National Labor Relations Board (“NLRB”) held that employees engaged in protected concerted activity by posting and “liking” on Facebook, continuing the NLRB’s trend...
View Article2nd Circuit Affirms – Facebook “Like” was Protected Concerted Activity
The 2nd Circuit Court of Appeals recently affirmed a controversial NLRB decision finding an employee’s Facebook “Like” protected concerted activity. The “Like” at issue in Triple Play v. NLRB followed...
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