You may recall a prior entry on our blog detailing the National Labor Relations Board’s Acting General Counsel’s first social media report. The Acting General Counsel’s second report was issued just six months later, which highlights how quickly the issues surrounding social media in the workplace are developing. It is important for private sector employers to remember that the National Labor Relations Act applies, whether or not employees are represented by a union.
Continue Reading Second Verse: Worse Than the First!

Does your company’s leave policy call for an employee’s termination following the expiration of his or her leave entitlement?  Does your company charge “attendance points” against employees regardless of the reason for the absence?  Does your company require employees to be released to work without restrictions before they are permitted to return from a medical

Recently, a National Labor Relations Board (Board) Administrative Law Judge (ALJ) found that an employee who was discharged for posts he made on his Facebook page was not discharged in violation of the National Labor Relations Act. In Knauz Motors, Inc., the ALJ found that the employee’s Facebook posts contained both protected and non-protected activity, but that the employee was terminated for only the non-protected activity. As a result, the ALJ refused to find that the employee’s discharge was unlawful.

Interestingly, when the terminated employee was confronted by management with the Facebook posts, the employee reacted as many employees may react. He stated that his Facebook page was “none of [their] business.” However, while it may appear that the Board will go to great lengths to protect employee social media activity, not all employee social media activity is protected by the National Labor Relations Act. Some employee posts may, in fact, be an employer’s business.
Continue Reading NLRB Administrative Law Judge Issues Another Social Media Decision

Earlier this year the Superior Court of Pennsylvania held that a worker who was fired after he informed his employer that he was proceeding with legal action against a co-worker may maintain an action against the employer under Pennsylvania’s Crime Victims’ Employment Protection Act.

This decision may come as a surprise to many Pennsylvania employers who may not have even been aware of the Act. Now, an employer must be careful when an employee informs it that he/she has been the victim of a crime, intends to report the crime to the police, and will attend court to pursue legal action.
Continue Reading Pennsylvania Act Protects Employees Who Report Crimes to Police

So your employee recently posted photos of herself lounging poolside with margarita in hand while out on FMLA leave. Can you do something more than just compliment her nice tan?

Earlier this year, in the case of Pellegrino v. Communications Workers of America, a Pennsylvania federal court answered yes. The court upheld the termination of an employee for violating a work rule that restricted employee travel outside the immediate vicinity while on FMLA leave.
Continue Reading Curbing FMLA Abuse: Policies Restricting an Employee’s Travel While on Paid Sick Leave

On September 6, 2011, the National Labor Relations Board (Board) announced that a Board Administrative Law Judge (ALJ) had issued the first decision involving employee social media use. In the decision, Hispanics United of Buffalo, Inc., the ALJ ruled that the non-profit employer unlawfully discharged five employees after the employees posted comments on Facebook.

The ALJ first found that the small non-profit organization (which after the terminations at issue had only 25 employees) was covered by the National Labor Relations Act (NLRA), even though the organization operated only in the Buffalo, New York area. The ALJ went on to hold that the employees’ Facebook comments amounted to concerted protected activity under the NLRA, and as such, their comments were shielded from discipline. The ALJ concluded that the terminations were therefore unlawful, and ordered the employees reinstated with back pay.
Continue Reading First NLRB Administrative Law Judge Opinion On Employee Discipline For Social Media Use

Given the increase in major weather events that have affected Pennsylvania recently, including high winds and substantial flooding, employers should consider the following issues that may arise when closings, delays, and absences are caused by inclement weather.

Must employees be paid when the business is closed because of inclement weather?
Continue Reading What Employers Should Know About Weather Related Absences

Recently, the Acting General Counsel of the National Labor Relations Board (Board) released a report, basically a score card, detailing the Board’s actions on 14 cases involving social media. Employee social media use has been a hot topic for the Board, for both union and non-union employers, and for us. The report is summarized on our blog.
Continue Reading National Labor Relations Board Issues Social Media Report