Tag Archives: NLRA

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

Photo of Pat MuldowneyBy Pat Muldowney on Posted in Data Breaches, Workplace Privacy
As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security concerning such information. Depending upon the outcome of a recently filed charge before the National Labor Relations Board (“NLRB” or the “Board”), unionized employers … Continue Reading

The NLRB Finds No Protected Activity Involved Where Employee is Fired for a Facebook Posting

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Social Media
Authorship credit: Jay Seegers  Like many people, Robert Becker, a salesperson at Karl Knauz Motors’ BMW dealership in Chicago, had his own Facebook page. When the BMW dealership served hot dogs, chips, and bottled water at an event to introduce a new BMW vehicle, Mr. Becker posted sarcastic comments questioning whether the dealership’s choice of … Continue Reading

The NLRA and Employee Surveillance: Avoiding the Temptations and Pitfalls of Social Media

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Online Privacy, Social Media
Authorship Credit: Ellen J. Shadur The advent of social media and the prevalence of mobile communications devices challenge employers seeking to prevent unlawful conduct in the workplace.  Employees are no longer constrained by the need for physical proximity, or lack of access to a bulletin board, a telephone landline, or a fax machine.  Bullying and … Continue Reading

You Are What They Tweet: Why Clear Social Media Policies are Becoming More Critical to Employers in This Tech Age

Photo of Gerald J. FergusonBy Gerald J. Ferguson on Posted in Social Media
Authorship Credit: Tarsha Luke The recent termination of a top executive of a publicly traded company is another example of some of the perils of mixing personal and workplace social media. The chief financial officer for a women’s clothing retailer, Francesca’s Holdings, was dismissed for disseminating non-public corporate information to his Twitter followers. After a … Continue Reading

NLRB Issues Advice Memorandums Regarding Disciplining Employees for Social Media Misconduct

Photo of Leah WilliamsBy Leah Williams on Posted in Workplace Privacy
Since the advent of social networking websites like Facebook, employers have struggled to determine when it is appropriate to discipline an employee who engages in misconduct through social media.  Fortunately, the NLRB offered significant guidance on this issue in three Advice Memorandums submitted in July 2011.  These Memorandums seem to indicate an employer may discipline … Continue Reading
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