Articles and Blogs

Although the NLRB has been very protective of employees’ rights to comment on Facebook, sometimes employees can go too far.  In this recent case, the legal line between protected activity and unprotected activity was crossed when two employees openly planned to be insubordinate. READ MORE

Protected Rights Expanded in Solidarity We have all become familiar with the protected rights of employees under the National Labor Relations Act. To be protected under Section 7 of the NLRA, employee conduct must be both “concerted” and engaged in for the purpose of “mutual aid or protection.” The question that the NLRB was... READ MORE

Unlawful Interference Private employees have the right to engage – or not to engage – in activities in support of a union or each other relating to wages, hours and working conditions.  It’s unlawful for private employers to “interfere” with those rights.  Spying on employees or even just creating the impression of surveillance has... READ MORE

Windows and Sinks and Employee Complaints  Employees have a right to complain about a lot of things, including windows and sinks.  When they join together to complain, an employer needs to make sure that those complaints are not factors in the decision to fire the complaining employees.  In this NLRB case, a hospital fired a... READ MORE

Fast Food Workers Strike for Higher Pay Earlier this month, in 100 cities around the country, fast food workers went on strike for higher pay – much higher pay – seeking $15 an hour or a “living wage” as some describe it.  Although the job action got much media attention, there is no real... READ MORE

NLRB Administrative Law Judge Says Ban Is Lawful An Administrative Law Judge (“ALJ”) has put at least a temporary stop to what many have seen as a trend to expand employee rights under the National Labor Relations Act.  The NLRB General Counsel’s complaint filed against an employer, who maintained a policy prohibiting the recording... READ MORE

HIPAA Violation Was a Pretext A hospital employee’s violation of patient privacy as protected by HIPAA is a serious matter.  An intentional violation can and should lead to discipline up to and including discharge.  But a case that was decided by the NLRB is an object lesson for health care employers on what is and... READ MORE

Two Courts Deny Rehearing – NLRB Exceeded Its Jurisdiction The battle over the NLRB’s Employee Rights Poster seems to be coming to an end.  The poster that the NLRB intended to be posted by private employers to inform their employees of their rights to join unions came under legal challenge and subsequent delays almost... READ MORE

When this statement was made by an employee during an EEOC mediation the employer was shocked to say the least.  Shocked and shaken by the employee’s outburst, the employer fired the angry employee within the hour.  True to his word, the employee then filed a federal law suit for retaliation for participating in the EEOC’s proceeding. ... READ MORE

The NLRB’s rule requiring private sector employers to post a “Notice of Employee Rights” took another hit from another federal appeals court.  The rule that was scheduled to go into effect early in 2012 was enjoined by lower federal courts last year and was ultimately struck down by a decision of a federal appeals... READ MORE