NLRB

While employers wait to see if the Trump Administration will produce a kinder, gentler National Labor Relations Board (NLRB), the NLRB is still in the business of punishing employers for workplace policies that ostensibly violate employees’ rights under the National Labor Relations Act (NLRA).
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The National Labor Relations Board recently ruled that Chipotle Mexican Grill violated the law when it forced an employee to delete certain posts on his Twitter account. James Kennedy had tweeted some unflattering statements about the Havertown, Pennsylvania restaurant where he worked, including complaints about having to work on snow days and about the hourly wage. In days gone by, Kennedy’s tweets may have gone unnoticed, but Chipotle has a national social media strategist, whose job duties include monitoring employees’ social media postings. (Depending on the employees, this could be a very interesting job.) The strategist saw Kennedy’s tweets and concluded that they violated Chipotle’s social media policy, so she contacted the regional manager for Havertown, who then confronted Kennedy with a copy of the policy and asked that he remove the posts. Kennedy ultimately agreed. (more…)

If persistence is what you want from the NLRB, then you are probably happy with the Board’s recent ruling on Murphy Oil USA’s class and collective action waivers.  In case you missed it, the NLRB held that employment arbitration provisions that contain class and collective waivers are unlawful.  The NLRB’s decision came in direct conflict with a recent decision from the Fifth Circuit Court of Appeals.  Indeed, just two years ago the Fifth Circuit reversed a virtually identical NLRB decision, which seemed to decide the issue for good.  The NLRB, however, took another bite at the apple and reignited the controversy in Murphy Oil USA v. NLRB. (more…)