On June 1, 2017, in Whole Foods Market Group, Inc. v. NLRB, 2017 U.S. App. LEXIS 9638, the U.S. Court of Appeals for the Second Circuit (which covers Connecticut, New York and Vermont) affirmed a decision of the National Labor Relations Board (“NLRB”) in which the NLRB found that Whole Food’s policies prohibiting the recording…

In National Labor Relations Board v. Pier Sixty, LLC, 2017 U.S. App. LEXIS 6974 (2d Cir. Apr. 21, 2017), the Second Circuit Court of Appeals recently found that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who insulted a supervisor on Facebook during a union election. By way of…

Section 7 of the National Labor Relations Act (“NLRA”) provides that “employees shall have the right . . . to engage in . . . concerted activities for the purpose of . . . mutual aid or protection.” 29 U.S.C. § 157.  Section 8(a)(1) of the NLRA protects employees’ Section 7 rights by prohibiting an…

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