Think Twice about Firing the Employee Who Calls you a Nasty MF

You read that right. You need to think twice before firing an employee even if that employee calls a manager a “nasty mother f—–.” A catering company violated the National Labor Relations Act when it fired a server who called his manager a “nasty mother f—–” on Facebook just two days before the company’s union…
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Employees Gain Access to Company Email Systems for Union Activity through Recent NLRB Ruling

The National Labor Relations Board (NLRB) recently ruled that union and non-union employees who have work-related access to a company email system are generally permitted to use that email system for union activity. But, this use is not absolute. A company can limit email use to maintain production or discipline. This new ruling came about…
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D.C. Circuit Catches National Labor Relations Board Not Following its Own 2-Step Test on Whether A Handbook Policy Interfered with Employees’ Section 7 Rights

World of Color Corp. prohibits employees from wearing any baseball caps except for caps bearing the company logo, and those caps must be worn with the bill facing forward. The Teamsters took issue with the policy and filed an unfair labor practice charge against the company saying that the policy interfered with workers’ rights under…
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Prohibiting Employees from Speaking to News Media may Violate Their Federal Labor Law Rights

Phillips 66 maintained a policy that prohibited comments about “company operations” that could “reasonably be understood by employees to prevent them from commenting on their own wages or employment conditions or any labor dispute with their employer.” The Company argued, on the other hand, that the policy was intended to control disclosures about confidential operations.…
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NLRB Expands Definition of “Protected Activity”

Employee Elias of grocery store Fresh & Easy Neighborhood Market was instructed to write a reminder about upcoming training on the Company’s whiteboard. After she wrote the reminder, someone drew an inappropriate picture near Elias’ name. Since Company policy prohibited her from taking a photo of the whiteboard, she drew a copy of the image…
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Employees with Smartphones: An Employer’s Nightmare; the NLRB’s Dream

The NLRB recently issued an advice memorandum that said an employer policy prohibiting employees from photographing or video recording the company’s premises, processes, operations, or products, including confidential information without the company’s permission violation the National Labor Relations Act.  Let that one sink in before reading more.  Decades ago, the NLRB concluded in Flagstaff Medical…
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