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Quick Hits: Wage & Hour Litigation; Protected Concerted Activity; Set-Off in...
Daniel SchwartzWith all the snow piling up, there’s been a lot I’ve been meaning to get to but haven’t. So, it’s time to bring back the "Quick Hits" feature where I recap some of the employment law...
View ArticleFacebook Firing Case Settles; But Another Social Media Case at the NLRB May...
Daniel SchwartzThe news came late Monday: The NLRB’s case against an employer for allegedly firing an employee due to a Facebook post had settled. The background of that case can be found in one of...
View ArticlePersonnel Policies Up to Date? NLRB May Take Issue; CBA Seminar Recap Part II
Daniel SchwartzYesterday, I started my recap of the Connecticut Bar Association seminar on social media & employment law that I had the opportunity to speak at. In today’s post, I’m going to...
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Are the NLRB’s Complaints About So-Called Facebook Firings News Anymore?
Daniel SchwartzVarious labor & employment blogs over the last week have been nearly hyperventilating over another complaint by a regional NLRB office challenging an employer’s practices as it...
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NLRB: Not All Employee Facebook Posts Deserve Protection After All
Daniel SchwartzLast fall, the NLRB made headlines when it brought a complaint against a Connecticut employer for disciplining an employee for her Facebook posts. Back then, some commentators wondered...
View ArticleNLRB Administrative Law Judge: Facebook Firings Illegal
Daniel SchwartzFor a while now, there’s been a lot of chatter about the NLRB’s take on social media and whether employees’ use of Facebook could be “protected concerted activity”. I’ve done many...
View ArticleThe NLRB’s Obsession with Social Media Continues
Daniel SchwartzA confession. I’m a little tired about writing about social media and labor law. Perhaps you are a little tired about reading about it too. Unfortunately for us both, expect a lot more...
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After NLRB’s Memo, Drafting Employment Policies Got Trickier
Daniel SchwartzI’ve had a little more time to digest the latest memo from the NLRB opining on what is and what isn’t appropriate for employers to have in their policies. And I’ve come to a very...
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NLRB Keeps Doing What It Always Does. Why Is Anyone Surprised?
Daniel SchwartzI’ll admit something that might seem a little unusual and ironic: I’ve grown a bit tired about writing about the NLRB and social media. Perhaps, it’s because I’ve seen too many law...
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Sandy Spooks Employers but Will Employers Scare Employees Into Voting?
Daniel SchwartzEveryone ok out there? Election Day is Nearly Here What a wild couple of days we’ve had in Connecticut and, for those still without power, it’s not over yet. Much like Irene and the...
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A “Like” is a Like, Court Says, and is Protected Free Speech
In a closely watched case, the Fourth Circuit Court of Appeals held yesterday that a “Like” on Facebook is a form of speech that is protected under the First Amendment. In doing so, it kept alive a...
View ArticleBill Barring Discrimination Against Unemployed Advances in General Assembly
Let’s all agree, at the outset, that getting people re-employed — particularly those who have been unemployed for a while — is a worthy goal. How do you get there? Job training? Education? The...
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Can Employee Display a Confederate Flag on Facebook as Free Speech? Or Can...
Not the Confederate flag. There’s been lots of talk lately about the Confederate flag and its symbolism in the aftermath of the Charleston shootings. But I wondered: How has this flag come up in the...
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BREAKING: Connecticut Supreme Court Expands Employee Free Speech Claims
Connecticut Supreme Court In an unanimous decision that was released late this morning, the Connecticut Supreme Court ruled the limits to free speech limits established by the U.S. Supreme Court in its...
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Employer Strikes Out; Facebook Likes Protected by NLRA, Says Second Circuit
On Friday, at my firm’s annual Labor & Employment Law seminar, I’ll be talking about the NLRB and Employee Handbooks with my colleague, Chris Engler. Among the topics we had planned to discuss was...
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Is Calling Your Boss “a Nasty Mother******” Protected Activity?
My colleague Gary Starr returns today with a decision from the Second Circuit (which covers Connecticut) that may just surprise you. Then again, if you’ve been following this line of reasoning, perhaps...
View ArticleNew Law Prohibits Discrimination Against Members of Civil Air Patrol
As the dust continues to settle from the General Assembly, bills that didn’t get a lot of press beforehand are continuing to come into the light. One of them is new Public Act 19-95, which was just...
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After NLRB’s Memo, Drafting Employment Policies Got Trickier
I’ve had a little more time to digest the latest memo from the NLRB opining on what is and what isn’t appropriate for employers to have in their policies. And I’ve come to a very serious conclusion:...
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NLRB Keeps Doing What It Always Does. Why Is Anyone Surprised?
I’ll admit something that might seem a little unusual and ironic: I’ve grown a bit tired about writing about the NLRB and social media. Perhaps, it’s because I’ve seen too many law firms and lawyers...
View ArticleClik here to view.
Sandy Spooks Employers but Will Employers Scare Employees Into Voting?
Everyone ok out there? Election Day is Nearly Here What a wild couple of days we’ve had in Connecticut and, for those still without power, it’s not over yet. Much like Irene and the October snowstorm...
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