Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: concerted

Is Calling Your Boss “a Nasty Mother******” Protected Activity?

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB

My colleague Gary Starr returns today with a decision from the Second Circuit (which covers Connecticut) that may just surprise you. Then again, if you’ve been following this line of reasoning, perhaps not. There are outer limits to insulting speech, but a recent decision seems to indicate that it is really really far out there. The questions up… Continue Reading

Lunch with the Boss Now Protected Concerted Activity?

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Litigation

My colleagues Gary Starr and Jarad Lucan return today with a post that we have sent out as client alert, but which may be of interest to readers of the blog as well.  It tackles the subject of protected concerted activity.  (Hint: It may be broader than you think.) Is a non-union employee who speaks… Continue Reading

Employer Strikes Out; Facebook Likes Protected by NLRA, Says Second Circuit

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Manager & HR Pro’s Resource Center

On Friday, at my firm’s annual Labor & Employment Law seminar, I’ll be talking about the NLRB and Employee Handbooks with my colleague, Chris Engler.  Among the topics we had planned to discuss was the ongoing Triple Play Sports Bar & Grille case that I had previously posted about here and here. So of course… Continue Reading

NLRB Keeps Doing What It Always Does. Why Is Anyone Surprised?

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Laws and Regulations, Manager & HR Pro’s Resource Center, Social Media

I’ll admit something that might seem a little unusual and ironic:  I’ve grown a bit tired about writing about the NLRB and social media.  Perhaps, it’s because I’ve seen too many law firms and lawyers issuing newsletters, blog posts, and alerts each time the NLRB says something, anything, about social media.  Because people on social media… Continue Reading

After NLRB’s Memo, Drafting Employment Policies Got Trickier

Posted in Featured, Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Laws and Regulations, Manager & HR Pro’s Resource Center, Social Media

I’ve had a little more time to digest the latest memo from the NLRB opining on what is and what isn’t appropriate for employers to have in their policies. And I’ve come to a very serious conclusion: It’s an utter mess.  (Fellow employment lawyers use the phrases “bungled mess” (Jon Hyman), “not good” (Molly DiBianca),… Continue Reading

The NLRB’s Obsession with Social Media Continues

Posted in Labor Law & NLRB, Social Media

A confession. I’m a little tired about writing about social media and labor law.  Perhaps you are a little tired about reading about it too. Unfortunately for us both, expect a lot more about it over the next years because the National Labor Relations Board has social media in its sights and its not letting… Continue Reading

NLRB Administrative Law Judge: Facebook Firings Illegal

Posted in Labor Law & NLRB, Social Media

For a while now, there’s been a lot of chatter about the NLRB’s take on social media and whether employees’ use of Facebook could be “protected concerted activity”.  I’ve done many recaps including here and here. Now, for the first time, an administrative law judge (in Hispanics United of Buffalo) has found that employees’ comments… Continue Reading

NLRB: Not All Employee Facebook Posts Deserve Protection After All

Posted in Highlight, Labor Law & NLRB, Social Media

Last fall, the NLRB made headlines when it brought a complaint against a Connecticut employer for disciplining an employee for her Facebook posts. Back then, some commentators wondered what the limits were going to be. But over the last few weeks, quietly, we’ve been getting some of the answers. Just not in the format you’re… Continue Reading

Are the NLRB’s Complaints About So-Called Facebook Firings News Anymore?

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NLRB, Litigation

Various labor & employment blogs over the last week have been nearly hyperventilating over another complaint by a regional NLRB office challenging an employer’s practices as it relates to employee use of Facebook. For anyone who has been tracking the NLRB’s actions, these filings really should come as no surprise anymore. The agency has consistently… Continue Reading

Personnel Policies Up to Date? NLRB May Take Issue; CBA Seminar Recap Part II

Posted in Human Resources (HR) Compliance, Labor Law & NLRB

Yesterday, I started my recap of the Connecticut Bar Association seminar on social media & employment law that I had the opportunity to speak at.  In today’s post, I’m going to focus on another portion of what NLRB Regional Director Jonathan Kreisberg said at the seminar — something that may impact employers that have unions… Continue Reading

Facebook Firing Case Settles; But Another Social Media Case at the NLRB May Be Rising

Posted in Human Resources (HR) Compliance, Social Media

The news came late Monday: The NLRB’s case against an employer for allegedly firing an employee due to a Facebook post had settled.  The background of that case can be found in one of my November 2010 posts.  The case name is: American Medical Response of Connecticut, Inc., 34-CA-12576. The terms of the settlement were not fully… Continue Reading

Quick Hits: Wage & Hour Litigation; Protected Concerted Activity; Set-Off in Mass.; Prevailing Wage; I-9s

Posted in Wage & Hour

With all the snow piling up, there’s been a lot I’ve been meaning to get to but haven’t. So, it’s time to bring back the "Quick Hits" feature where I recap some of the employment law tidbits you might have missed recently. The Wage & Hour Litigation blog (a new employment law blog, so welcome),… Continue Reading