Insights on NLRB

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NLRB Holds "Facebook" Firing Justified on Alternative Grounds, but Finds Policy Unlawful

By InfoLawGroup LLP on November 03, 2011

As we have discussed on our blog, the National Labor Relations Board (NLRB) has continued a campaign of enforcement actions against employers who, according to the NLRB, have unlawfully terminated employees for discussing working conditions on social media. As we reported, in the first of such "Facebook" enforcement actions to come before an NLRB administrative judge, the employer was ordered to reinstate five employees and to pay back their wages.On September 28, 2011, in the second "Facebook" case to reach an NLRB administrative judge, an employer was found to have been justified in terminating an employee car salesman for Facebook postings that mocked the employer and did not concern working conditions

Boris Segalis, concerted activity, employee privacy, InfoLawGroup, information law group, NLRA, NLRB, privacy, privacy enforcement, Section 7, social media, social network

NLRB Report Reviews Social Media Enforcement Actions

By InfoLawGroup LLP on August 31, 2011

On August 18, 2011, the Associate General Counsel of the National Labor Relations Board ("NLRB" or the "Board") issued a report analyzing the Board's recent social media enforcement actions. The report seeks to provide guidance to employers that want to ensure that their social media policies appropriately balance employee rights and company interests.

Boris Segalis, employee privacy, enforcement, Facebook, InfoLawGroup, information law group, NLRA, NLRB, privacy, social media, Workplace Privac

Another Facebook Firing Enforcement Action Brought by NLRB

By InfoLawGroup LLP on May 24, 2011

We previously reported on our blog that a Connecticut ambulance company settled the National Labor Relations Board's (NLRB's) allegations that the company violated an employee's federal rights by firing her for criticizing a manager on Facebook. The NLRB continues its enforcement blitz with another Facebook firing complaint.

Boris Segalis, employee privacy, enforcement, Facebook, InfoLawGroup, information law group, NLRB, privacy enforcement, settlement, social media, workplace privacy

InfoLawGroup's Boris Segalis Interviewed by Fox Live on NLRB Facebook Firing Settlement

By InfoLawGroup LLP on February 09, 2011

Yesterday we wrote on our blog about the NLRB's Facebook firing settlement. I was interviewed on Fox Live this morning about the case, its implications for employees and businesses, and other developments in workplace privacy. You can view the clip at http://video.foxnews.com/v/4531424/facebook-firing-case-settlement/?playlist_id=87937

Boris Segalis, employee privacy, Facebook, InfoLawGroup, information law group, NLRB, privacy enforcement, social media, workplace privacy

Employer Settles Facebook Firing Suit with NLRB

By InfoLawGroup LLP on February 08, 2011

The National Labor Relations Board (NLRB) has announced that settlement has been reached in the closely watched Facebook firing suit brought by the agency.We have previously reported on our blog that the NLRB filed an administrative complaint against a Connecticut ambulance company alleging that the company violated an employee's federal rights by firing her for criticizing a manager on Facebook. In the complaint, the NLRB took the position that union and non-union employees have a right to criticize their employers, management or working conditions, and cannot be punished for engaging in such protected activity. The NLRB also alleged that the company maintained overly-broad rules in its employee handbook regarding blogging, Internet posting, and communications between employees. The complaint asserted that an employee's right to criticize the employer and management is an extension of the federal right to discuss unionization and form unions.

Boris Segalis, EEOC, employee privacy, InfoLawGroup, NLRB, privacy enforcement, Quon, social media, Stengart, workplace privacy

Employee Privacy Gains in the United States

By InfoLawGroup LLP on January 13, 2011

2010 arguably was a breakout year for consumer privacy in the U.S., but the year also brought about significant changes to the legal landscape of employee privacy. Federal and state court decisions, state legislation and agency actions suggest that the U.S. may be moving towards a greater level of privacy protection for employees. Employers are well-advised to consider these developments in reviewing and revising policies that affect the privacy of their employees.