Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Employment Law StrategistFeaturesKickerLJN NewslettersNewsSections

Triple Play Status Update: Firings for Employees' Facebook Activity Unlawful

On Oct. 21, 2015, the United States Court of Appeals for the Second Circuit affirmed a 2014 decision by the National Labor Relations Board (NLRB) overturning the terminations of two employees who had complained about their employer on Facebook. As previously reported, the NLRB concluded that the terminations violated the employees' Section 7 rights under the National Labor Relations Act (NLRA), because their Facebook activity was legally protected. (In a Facebook status, one employee had complained about Triple Play's failure to properly withhold payroll taxes, and a co-worker had “liked” the post). See “Recent NLRB Actions Force Employers to Change Established Policies and Practices,” The Corporate Counselor, February 2015, available at http://bit.ly/1RSwmZ3.

Section 7 of the NLRA protects employees who engage in concerted activity for the purpose of mutual aid or protection, and Section 8 of the Act prohibits employers from terminating employees who exercise their Section 7 rights. However, there are limits to these rights, and concerted activity may lose the Act's protection if it exceeds certain bounds, for example if the activity was so disloyal or defamatory that it is no longer protected.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Disconnect Between In-House and Outside Counsel Image

'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.