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Showing 29 posts in National Labor Relations Act (NLRA).
Court of Appeals Decisions Will Stick on the NLRB Poster Rule
In August of 2011, the National Labor Relations Board (“NLRB”) approved a poster rule requiring businesses to post notifications reminding workers about their right to unionize. Employers and business groups that felt the rule was one-sided and pro-union subsequently challenged the rule and were victorious in two separate U.S. Circuit Courts. More >
McBrayer Attorneys' 2013 KYSHRM Conference Presentation
On September 25th, Amy D. Cubbage and Cynthia L. Effinger spoke at the 29th Annual Kentucky SHRM Conference, held in Louisville, KY. Their presentation, "Social Media: Strategy and Implementation. Are you protected?," focused on what companies can do to protect their businesses when issues arise (both internally and externally) with social media. The presentation included informative tips on how to create an legally sound social media policy and some new issues that employers and HR managers will soon face in the social media realm. If you missed the presentation, you can check out Amy and Cindy's presentation here and find a copy of their supporting documents here. More >
NLRB’s Advice Memorandum to Giant Foods LLC: A Giant Shock to Employers, cont.
I informed readers on Monday that the NLRB recently publicly released its Advice Memorandum to Giant Foods LLC. The company’s social media policy contained provisions that prevented employees from sharing confidential or non-public information, using the company’s logo or trademarks or filming the company premises without prior approval. More >
NLRB’s Advice Memorandum to Giant Foods LLC: A Giant Shock to Employers
On July 11, 2013, in response to a Freedom of Information Act request, the National Labor Relations Board (“NLRB”) released a copy of the Advice Memorandum (find it here) issued for Giant Food LLC. The Advice Memorandum, originally issued in 2012, concludes that portions of Giant Food LLC’s social media policy violates the National Labor Relations Act (“NLRA”). More >
NLRB's Poster Rule Struck Down by D.C. Circuit
On May 7, the U.S. District Court of Appeals for the District of Columbia struck down a National Labor Relations Board (“NLRB”) ruling that would have required millions of private employers, both union and non-union, to put up posters alerting employees of their rights under the National Labor Relations Act (“NLRA”). The poster informed employees of their right to join and/or form a union, collectively bargain with employers, and act jointly to improve wages or working conditions. More >
Will a Savings Clause Save Your Social Media Policy?
Could a savings clause salvage an otherwise invalid social media policy? Maybe. There is no definitive answer to this question, as savings clauses have been portrayed as both a potential asset for employment handbooks and a non-factor in acting as a loophole for Section 7 of the National Labor Relations Act (NLRA). Thus, it is important to view savings clauses as one tool in your arsenal and not as a panacea for an overly-broad social media policy. More >
NLRB and ALJ Decisions Continue to Refine Social Media Policy Parameters
National Labor Relations Board (NLRB) judgments continue to refine the parameters of the social media policies landscape, offering more insight for employers who are developing policies and procedures that attempt to protect both the company and the employees. Two recent decisions by the NLRB illuminate the legality of social media policies or policies addressing any and all electronic communications. These decisions further set expectations of what is acceptable online behavior by employees, and more clearly define what an employer can and cannot restrict in the language of the policy. More >
Workplace Politics: Cooling the Debates
With the Presidential election just around the corner, employees may be talking about a lot more than gossip around the water cooler. Given the argumentative nature of politics, every employer should be listening for potentially volatile discussions, with a goal of keeping the workplace comfortable and free of hostility this election season. More >
Essentials for Social Media Policies: Surviving the NLRA
Developing a social media policy that will survive the National Labor Relations Act (“NLRA”), 29 U.S.C. §§ 151, et. seq. while still protecting the company is a primary focus of every employer. The key is providing specific definitions or guidance as to what an employer considers inappropriate social media activity which will be regulated and that the policy does not limit protected activity. Policies cited by National Labor Relations Board (“NLRB”) Acting General Counsel, Lafe Solomon issued in three reports aimed at providing employers guidance on what are and are not permissible social media policies under the NLRA include the following: More >
