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The constant and evolving release of new apps used by employees both personally and in the workplace continue to present challenges to employers in the implementation and execution of workplace policies designed to protect employees, particularly those involving sexual harassment, anti-discrimination and bullying.  These challenges are no longer limited solely to social media websites such…

Next time your boss is breaking a labor law, the National Labor Relations Board (NLRB) ruled that Whole Foods cannot prohibits its employees from recording conversations, taking photos or video at work. (the caveat –beyond the NLRB there may be state laws that apply where the consent of the two parties is required for a…

The National Labor Relations Board (NLRB), in a 2-1 decision, ruled against blanket employer policies banning employees from taking photos or recordings in the workplace. Such policies would, in the view of the NLRB, having a chilling effect on employee’s ability to record or photograph workplace safety violations or actions that were discriminatory.

Whole Foods’…

On November 2, 2015, the National Labor Relations Board (NLRB) released an advisory letter stating that Shore Point Distribution Co. (Shore Point), an alcoholic beverage distributor in New Jersey, did not violate labor laws by failing to negotiate with its employees’ union before installing a GPS tracking device on an employee’s company truck. Beginning in…

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play Sports Bar and Grille v. National Labor Relations Board.

The case involved two employees and a former employee engaged in a…

In October 2014, the United States Postal Service (USPS) disclosed a cybersecurity data breach affecting approximately 800,000 current and former employees. The USPS later determined that, for some, the breach may have included names, addresses, dates of birth, social security numbers, and even medical records. Like others before it who have experienced this type of…

The National Labor Relations Board (NLRB) determined that Pier Sixty LLC, a New York catering service, violated federal labor law by firing an employee server after he posted a Facebook message protesting supervisory abuse and encouraging other employees to vote for a union in an upcoming election. At a recent catering event, employee, Hernan Perez,…