News & Analysis as of August 16, 2025

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The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

Oppenheimer Investigations Group on 4/29/2025

Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

Five Tips for Employers During Election Season

Harris Beach Murtha PLLC on 11/7/2022

No one would blame employers for shunning politics in today’s landscape. Vitriol and partisanship are now par for the course and could quickly lead to workplace tension or worse. But there are reasons – both legal and in...more

Nasty language may be protected concerted activity, court says

Constangy, Brooks, Smith & Prophete, LLP on 8/12/2022

Non-union employers, this goes for you, too! An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more

2016 presidential election dynamics in the workplace: Free speech? ‘You’re fired’

McAfee & Taft on 10/12/2016

None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against employee....more

That is SO last week - October 2015 #4

Zelle LLP on 10/27/2015

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

NLRB Orders Reinstatement of Employees Fired Over Discussion on Facebook

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/22/2013

In Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (Dec. 14, 2012), the National Labor Relations Board (NLRB) found that an employer violated section 8(a)(1) of the National Labor Relations Act (NLRA) by firing five...more

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