Category Archives: Electronic Workplace

KARL KNAUZ MOTORS: NLRB HOLDS THAT NOT ALL SOCIAL MEDIA POSTINGS ARE PROTECTED ACTIVITY

We recently discussed here the National Labor Relations Board’s (the Board) first-ever ruling on employees’ social media postings.  Now, three weeks after its initial decision, which found that Costco’s policies regarding social media were overbroad and could restrict employee activities protected by the National Labor Relations Act, the Board has issued another decision on social media.  In Karl Knauz Motors, Inc. d/b/a Knauz BMW and Robert Becker, the NLRB gave employers a modest win.

 

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FACEBOOK POSTINGS WERE PROTECTED ACTIVITY UNDER NLRA: HISPANICS UNITED OF BUFFALO, INC. V. ORTIZ

As we have discussed before on this blog, the National Labor Relations Board (“NLRB”) is focusing much attention on social media.  In particular, several complaints have been filed recently that allege that employers have retaliated against employees who have used social media to engage in activity that is protected by the National Labor Relations Act (“NLRA”).  In Hispanics United of Buffalo, Inc. v. Ortiz, on September 2, 2011, an Administrative Law Judge (“ALJ”) with the NLRB Division of Judges found that employees’ Facebook postings regarding their employment was protected, concerted activity and that their employer terminated their employment in retaliation for engaging in the protected activity.

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WANT TO BE A WAGE AND HOUR PLAINTIFF? THERE’S AN APP FOR THAT

This little corner of cyberspace has devoted ample screen acreage to the impact smartphones and other mobile communication and media devices have on the workplace.  The proliferation of those handy pieces of technology requires it and demands employers’ attention as well.  Just last week, Apple announced its App Store surpassed 15 billion downloads to its 200 million iOS devices around the world.  Earlier this spring, Google announced it had activated the 100 millionth Android device with those users downloading in excess of 4.5 billion apps.

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PERSONAL TEXTING ON EMPLOYER-OWNED DEVICES MAY BE AYOR “AT YOUR OWN RISK”

The long-anticipated cage match between technology and the law took place last week, and Round One went to employers. While it wasn’t a full and complete KO, employers at least received some guidance from the U.S. Supreme Court in City of Ontario, California v. Quon as it relates to an employee’s use of and privacy in employer-owned and provided communication devices.

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