Six recent nlrb cases provide further insight on structuring employers' social media policies for protected concerted activity and not protected activity. Subscribe to protected concerted activity in addition to an employer’s policy being found unlawful if it explicitly restricted protected, concerted activities. What is protected concerted activity expand you hr vocabulary and become a better recruiter by defining protected concerted activity. There are very straightforward reasons that labor unions and their members have argued that employees, whether they belong to a labor union or not, engage in protected concerted activity when they attempt to join together in a putative, or proposed, class action or collective action in connection with workplace disputes.
Social media - protected concerted activity employees have the right to discuss matters using social media, but, the employer may do the following. But, the national labor relations board (“nlrb”) found that the employee engaged in protected, concerted activity and ordered his reinstatement with back pay. Nlrb ruling in social media case provides useful guidance for to prohibit them from using chipotle’s logo when engaging in protected concerted activity,.
However, not all concerted activity is protected by the nlra for example, the nlra does not protect employees who engage in: secondary boycotts. The united states court of appeals for the district of columbia circuit recently struck a blow for employer’s rights to regulate headgear, specifically baseball caps. Jillian sanzone worked for three d, lld, d/b/a triple play sports bar and grille, as a waitress and bartender and vincent spinella worked as a cook.
Social media & employment law is tweeting a protected concerted activity 2016 bl 76781, tweeting can be a protected activity. The seventh circuit recently became the first federal appellate court to say that employers can’t prevent class/collective actions through waivers in mandatory arbitration agreements, holding that such waivers interfere with employees’ rights to engage in concerted activity in violation of the national labor relations act. Participating in a complaint process is protected from retaliation under an employer is not allowed to do anything in response to eeo activity that would.
The nlra, under section 7 and section 8(a)(1), protects the rights of employees to engage in “protected concerted activity. Does “protected concerted activity” really mean one september 25, 2014 by robert conte south bend / mishawaka, in – from the ridiculous to. He federal appeals court in atlanta has enforced a national labor relations board (“nlrb”) decision finding that a non-union, in-home health care. For more information about protected concerted activity strikes again: worker’s firing unlawful, contact leslie a sammon at [email protected] or 6082836798. While not a comprehensive discussion, this article provides a general overview of “protected, concerted activity” as contemplated under section 7 of the nlra and how cases recently decided by the national labor relations board illustrate the broad application of section 7 activity with respect to social media.
If the strike is protected concerted activity (and it may be), then employers will need to tread carefully and continue reading. Welcome to the hr exchange network, a trusted online news source for more than 70,000 human resources professionals and thought leaders looking for the latest hr headlines, advice or insights. Social media policies can't ban protected concerted activity - the rights of employees to discuss wages, working conditions and terms of their employment. The phrase protected concerted activity refers to certain protected activities specified in the national labor relations act of 1935 under the nlra, covered employees may join together to improve.
Legal definition of concerted activity: concerted activities are protected by the national labor relations act and cannot be used as a reason to discharge or. Employers won’t “like” this one: nlrb holds facebook “thumbs up” is protected concerted activity by nelson cary on august 29, 2014 posted in nlrb. Definition of “concerted activity” continues to be construed rule that even arguably suggests that protected communications are excluded from the broad. Mid-atlantic business lawyers working globally and locally in corporate, litigation, bankruptcy, employment, ip, technology, nonprofit, tax, real estate.