Second Circuit Affirms NLRB Decision Employers Won’t Like

Back in August 2014, we discussed an NLRB decision, which concluded that employees’ use of Facebook’s “like” button can constitute protected concerted activity under Section 7 of the National Labor Relations Act and that the employer’s termination of the employees was an unfair labor practice under the Act. The Second Circuit recently affirmed the NLRB’s decision.

Court Denies Summary Judgment to Employer on Professor’s Allegations He Was Denied Tenure After Reporting Inappropriate Facebook Posts by Fellow Professors

A federal court in Oklahoma recently denied summary judgment to Northeastern State University, finding that a professor’s discrimination and retaliation claims, among others, could proceed to trial. The professor, Dr. Leslie Hannah, was appointed chair of his department in 2009. The previous assistant chair, Dr. Brian Cowlishaw, was ineligible for the chair position pursuant to the

Employer Takes Action After Employees’ Derogatory And Offensive Tweets Damage Its Reputation

At the same that that the Toronto Fire Services Division was looking to recruit more women and minorities, two of its firefighters were tweeting messages described as “sexist, misogynist, and racist.” In 2013, just after the Division released its “Path to Diversity” report, outlining its plan to increase workforce diversity, Canada’s National Post ran a

Federal Court in New York Rules that Employee Terminated in Part Due to Threatening Facebook Post Can Take Retaliation Claims to Trial

A New York federal court recently held that a plaintiff that was terminated in part due to a threatening Facebook post could take his retaliation claims to trial. The plaintiff, Richard Verga, worked as a paramedic for Emergency Ambulance Services, Inc. After Verga experienced what he claimed were unwanted sexual advances from another paramedic, he immediately

Ohio Court Holds Employer’s Decision to Request Medical Evaluations Based on Employee’s Disturbing Social Media Posts Was Appropriate

The Court of Appeals of Ohio recently upheld a trial court’s determination that the Ohio Department of Rehabilitation and Correction (“Department”) properly ordered an independent medical examination of, and ultimately terminated, an employee who posted threatening messages on Facebook and Yahoo! Messenger. In 2009, Diedree Ames, a parole officer, started exhibiting erratic behavior in the workplace.

NLRB Upholds Employer’s Withdrawal of Rehire Offers to Employees Based on Employees’ Facebook Conversation Regarding Their Plans To Engage in Insubordinate Behavior

The NLRB, in a rare decision related to social media use that employers will like, recently upheld an employer’s withdrawal of the rehire offers of two employees based solely on a Facebook exchange, finding that the exchange was not protected under the National Labor Relations Act because it exhibited the employees’ “planned insubordination in specific detail.”

Triple Play Appeals NLRB’s Recent Decision Holding That Employees’ Facebook Activity is Protected Under the NLRA

Triple Play Sports Bar and Grille has appealed to the Second Circuit Court of Appeals to review the NLRB’s recent decision that employees’ use of the Facebook “like” button constituted concerted protected activity under Section 7 of the National Labor Relations Act. As outlined in our earlier post covering that NLRB decision, the NLRB’s ruling

See If You “Like” This: NLRB Rules That Commenting on or Liking Another’s Facebook Post Can Constitute Protected Activity

The NLRB recently ruled that employees’ use of Facebook’s “like” button can constitute protected concerted activity under Section 7 of the National Labor Relations Act, and that the employer’s termination of the employees was an unfair labor practice under the Act. The employees worked at Triple Play Sports Bar and Grille, and were non-unionized. It all

Teacher’s Private Blog Posts Insulting Her Employer, Co-Workers, and Students Not Protected by First Amendment

In Munroe v. Central Bucks School District, a Pennsylvania federal court determined that a public school teacher’s “opprobrious” comments in a private blog about her school, co-workers, students, and parents were not protected speech under the First Amendment. The plaintiff began a private blog in 2009 in which she only identified herself as “Natalie M”

In an “Upset” Win, an Employer’s Social Media Policy is Upheld by the NLRB

As we posted back in May, the NLRB recently has scrutinized employers’ social media policies, often holding that such policies violate Section 7 of the NLRA by limiting employees’ rights to engage in “concerted activities” for the purpose of collective bargaining.  But, a recent decision from an NLRB Administrative Law Judge (ALJ) in San Francisco