OK to Ask Employee to Delete Tweets per NLRB

The NLRB found a fast food restaurant in Pennsylvania did not violate federal labor law when it asked a worker to delete certain Twitter postings, including one with “cheap #labor.” The Board’s ruling comes after an Administrative Law Judge found among other things, that the company violated the employee’s right to discuss wages and working…
Read More

NLRB [Again] Overturned Decision that Pro-Union Buttons Violated Work Rules

In Boch Honda the employer maintained a handbook policy that prohibited customer-facing employees from wearing, among other things “message” pins. NLRB ALJ determined that the employer’s interests in workplace safety and preventing damage to vehicles met the special circumstances standard and justified the ban. As it’s prone to do, the NLRB reversed the ALJ and determined…
Read More

Whole Foods’ No Cell Phone Recording Policy: The Devil is in the Details

Fellow Ohio attorney Jon Hyman, author of “Ohio Employer’s Law Blog” recently dove deep into the footnotes of the Whole Foods decision and resurfaced with an excellent, albeit frightening, analysis of the Board’s thought process. Footnotes 7 and 9 may provide a peek into the Board’s future desire to, as Jon says, “stretch the definition…
Read More

NLRB’s Ruling that Whole Foods’ No Cell Phone Recording Policy May Be Short Lived

A few weeks ago, the NLRB ruled that non-union Whole Foods’ workplace policy that prohibits employees from recording conversations or taking pictures with their phones was unlawful. The Board thought this policy stifled open conversation. Ironically, Whole Foods said the policy was, in fact, to encourage open conversation because people may be less frank if…
Read More

Companies Continue to Struggle with Limitations on Confidentiality

The National Labor Relations Board has been clear that companies cannot impose a blanket confidentiality rule on employees during investigations. However, it seems that employers are still having difficulty with this new standard. In a recent case, a hospital used company forms that requested that employees interviewed during company investigations keep the interviews confidential and…
Read More

American Apparel Media Policy Causes a Stir

Four American Apparel employees filed complaints with the NLRB alleging that the company’s newly implemented media policy prevented employees from making statements to the media about American Apparel. Days after the complaints were filed, American Apparel’s general counsel sent an email to the four employees stating that the media policy only prohibits employees from expressing…
Read More