In NLRB v. Pier Sixty, LLC, the Second Circuit held that an employee’s expletive-laden Facebook post – which hurled vulgar attacks at his manager, his manager’s mother and his family – did not result in the employee losing the protection of the National Labor Relations Act (“Act”). But even though the Second Circuit conferred protected status on this unquestionably obscene post, it did not create a protected right to level profane verbal assaults on management when discussing union business. Such conduct has been, and will continue to be, unprotected in most ...
Our colleagues Lauri F. Rasnick and Jonathan L. Shapiro, attorneys at Epstein Becker Green, have a post on the Financial Services Employment Law blog that will be of interest to many of our readers: “Policies Prohibiting 'Insubordination or Other Disrespectful Conduct' and 'Boisterous or Disruptive Activity in the Workplace' Struck Down by NLRB Majority.”
Following is an excerpt:
Once again seemingly appropriate work rules have been under attack by the National Labor Relations Board (“NLRB”). In a recent decision (Component Bar Products, Inc. and James R. Stout, Case ...
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Recent Updates
- NLRB Member Wilcox Reinstated Again: Board Regains a Quorum, at Least for Now
- Update: The NLRB Has Lost Its Quorum – DC Circuit Stays District Court’s Reinstatement of Board Member Gwynne Wilcox – and a New General Counsel Has Been Nominated
- FMCS Services Curtailed Pursuant to Executive Order
- Major Changes at the NLRB: A New Acting General Counsel, the Rescission of Biden-Era General Counsel Memoranda, and the Disappearing-Reappearing Quorum
- President’s Termination of NLRB General Counsel and Member - What Does This Mean?