The National Labor Relations Board’s (NLRB) Division of Advice provided some much need guidance on what constitutes a permissible social media policy. On October 19. 2012, an Advice Memorandum was released recommending the dismissal of an unfair labor practices claim against Cox Communications. In making its determination, the NLRB found that enforcement of the company’s [...]
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Blog Archives
Author Archives: Justin Capuano
NLRB Addresses Knauz BMW’s Hot Dog Situation in its Second Decision Regarding Social Media
October 16, 2012 – 6:27 pm
Knauz BMW, 358 N.L.R.B. No. 164 (Sept. 28, 2012). On September 28, 2012, the National Labor and Relations Board (“NLRB”) issued its second decision involving an employee’s use of social media. Lucky for us, the case is one we have covered multiple times on the blog here and here. Put simply, in Knauz BMW, a [...]
NLRB Issues Decision On Social Media Policies
October 3, 2012 – 8:42 pm
Costco Wholesale Corp., 358 NLRB No. 106 (2012). Over the past year the NLRB has issued multiple reports on social media policies, many of which we covered here on the blog. It was not until recently, however, that the NLRB issued a decision regarding these policies. In doing so, the NLRB ruled that a provision [...]
Southern District Reaffirms New York State Rule That Non-Compete Covenants Are Unenforceable Against Employees Terminated Without Cause
August 27, 2012 – 8:09 pm
Arakelian v. Omnicare, Inc., 2010 U.S. Dist. LEXIS 84828 (S.D.N.Y. Aug. 18, 2010). In Arakelian v. Omnicare, Inc., the Southern District of New York reinforced a rule long followed by New York State courts when it held that an employee terminated without cause is not bound by non-competition and non-solicitation provisions of a restrictive covenant [...]
U.S. Equal Employment Opportunity Commission Releases Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers
February 29, 2012 – 9:54 pm
Recently, the Equal Employment Opportunity Commission (“EEOC”) published Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers. According to agency, the guide “describes how theADA applies to recruiting, hiring, and accommodating veterans with disabilities, and briefly explains how protections for veterans with disabilities differ under USERRA and theADA. The guide also provides information [...]
NLRB Issues Second Social Media Report
January 26, 2012 – 8:27 pm
On January 25, 2012, the NLRB released its second report on social media cases handled by the National Labor Relations Board (NLRB). According to an announcement sent to subscribers of the NLRB updates, The Operations Management Memo covers 14 cases, half of which involve questions about employer social media policies. Five of those policies were [...]
OFCCP Proposed Rule Affects Affirmative Action Plans for Employees with Disabilities
January 10, 2012 – 12:01 am
On December 9, 2011, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule that would change the regulations applicable to Section 503 of the Rehabilitation Act of 1973, which requires federal contractors to take affirmative action to hire, retain, and promote qualified individuals with disabilities. According to the Department of Labor’s press [...]
NLRB Upholds Facebook Firing in Hot Dog Case
October 18, 2011 – 6:28 pm
Karl Knauz Motors, Inc., Case No. 13-CA-46452 (9/28/11). Several weeks ago, we wrote about an employee of a BMW dealership who was allegedly terminated due to posting on his Facebook page regarding the quality of food served at a dealership event. Specifically, on the day of the event, there was a hot dog cart (with [...]
Employers Beware: Conducting Social Media Searches of Potential Employees May Land Your Company in Hot Water
October 14, 2011 – 8:46 pm
As social media sites continue to increase in number, so does the amount of employers who use those sites for background checks as part of their hiring process. On one hand, a background check can be a useful tool to gauge the personality and character of a potential candidate. On the other hand, however, the [...]
NLRB Postpones Deadline for Posting of Employee Rights Notice
October 5, 2011 – 6:48 pm
Last month, we wrote about a new rule that requires employers to post a notice of employee rights under the NLRA, and then provided you with the actual notice to be posted. Well, today the NLRB has pushed back the deadline employers have to post that notice. According to a NLRB news release, The National [...]
NLRB’s Employee Rights Notice Posting
September 14, 2011 – 3:05 pm
Last Tuesday, we wrote about the Final Rule issued by the NLRB, which requires employers to notify employees of their rights under the National Labor Relations Act as of November 14, 2011. Well today, the NLRB released the notice required under the new rule. Below, I have listed some links related to the new rule: [...]
NLRB Issues Final Rule: Notification of Employee Rights Under the National Labor Relations Act
September 6, 2011 – 2:27 pm
Notification of Employee Rights Under the National Labor Relations Act, 76 FR 54006, 8/30/2011, http://federalregister.gov/a/2011-21724, (last visited August 31, 2011). On August 25, 2011, the NLRB issued an announcement informing employers that they have issued a Final Rule. The new rule requires employers to notify employees of their rights under the National Labor Relations Act [...]
NLRB Reminds Employers That Social Media Comments Are Protected By the NLRA
August 23, 2011 – 6:06 pm
Bay Sys Technologies, LLC (05-CA-36314; 357 NLRB No. 28) (August 2, 2011) On February 28, 2011, the Acting General Counsel of the NLRB issued a complaint against Bay Sys Technologies, LLC, alleging violation of Section 8(a)(1) of the National Labor Relations Act. The employee posted comments on several employees’ Facebook pages so the employees could [...]
NLRB, Knauz BMW, and…Hot Dogs?
August 11, 2011 – 9:19 pm
NLRB v. Knauz BMW, 13-CA-045452 (Complaint issued May 20, 2011) As summer makes its slow march towards fall, it seemed prudent to remind employers that hot dogs are not just for company picnics anymore. They can be the basis for a unlawful termination suit by the NLRB. On May 20, 2011, the NLRB issued a [...]
Supreme Court and “Cat’s Paw” Discrimination Under USERRA
June 30, 2011 – 8:46 pm
Staub v. Proctor Hospital, 131 S. Ct. 1186 (U.S. 2011) On March 1, 2001, the U.S. Supreme Court considered a cat’s paw case brought under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). In a “cat’s paw case” an employee seeks to hold his or her employer liable for the animus of a supervisor [...]