One Supreme Court Decision that helps Employers

In late June the U.S. Supreme Court issued many decisions. One of those dealt with a question that had been open for several years. In January of 2010 President Obama made some recess appointments to the National Labor Relations Board. There was a hue and cry that the President exceeded his authority in making these …

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Why calling the boss a “f**king a**hole” may be protected activity

Most bosses would probably react negatively to being told he is a “f**cking a**hole” to his face. In my book that would probably be a good reason to terminate the employee’s employment. It is obvious he is not going to be a team player, he may not be trustworthy, and he is certainly not going …

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OSHA Complaints may now be investigated by the NLRB

Before we discuss the topic for today’s post let me provide you with some explanation about the two agencies named in the title, just in case not everyone is on the same page. OSHA stands for the Occupational Safety and Health Administration, a division of the U.S. Department of Labor that is charged with overseeing …

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If You Saved that NLRB Poster You Can Now Throw it Away! Except for…

  Back in 2012 we had the National Labor Relations Board announce that EVERY EMPLOYER must put up a poster informing their employees they had the right to engage in protected concerted activity. That poster was delayed a couple of times, as you can read here and here. Then the NLRB was taken to court …

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Can a Concerted Activity F-Bomb Get You Fired?

  The NLRB has been the object of many blog posts in connection to “protected concerted activity”. I have written on it several times. One of the conclusions that many of us have come to is that even if the language engaged in is very coarse the employee may be immune from termination. Fortunately that …

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What do Clowns, Freedom of Speech and Facebook have in common?

  I wrote about this topic just last week, but came across a situation that turns out to be a perfect example of my post on protected speech. Here is what clowns, freedom of speech and Facebook have in common. The situation Attorney Lee Tankle, of McNees Wallace & Nurick LLC, described in his article …

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Turnabout is not Fair Play

  If you have been paying attention, to either my blog posts or others or the HR literature, you know the National Labor Relations Board has been enforcing protection of workers’ rights in their use of social media. But not everyone is protected. Turnabout is not fair play. A refresher on Section 7 The NLRB …

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Take that NLRB Poster Down!

Last year the U.S. Court of Appeals delayed the implementation of the NLRB’s poster on employee rights that the NLRB was trying to require all employers to post. If you made the mistake of posting it on your bulletin board then take that NLRB poster down! It is a matter of freedom of speech Last …

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Social Media Prohibitions Declared Illegal

  You know all those news stories about people being fired for using social media and then reinstated because of the action of the National Labor Relations Board? Well, all those decisions may have been declared illegal! At least that may be the outcome of the action taken by a three judge panel of the …

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