The Fifth Circuit enforces a National Labor Relations Board ("NLRB") order striking down an employer's policy that banned the use of "cameras, camera phones/devices, or recording devices (audio or video) in the workplace."
Political discussions seem to be happening everywhere today. And, more often than not, they can get quite heated. From tense family dinner tables to disagreements with complete strangers, people are voicing their opinions - loudly.
On Thursday, the National Labor Relations Board (NLRB) issued a decision that may have a big impact on the fast food organizing campaigns currently going on around the country. In Browning-Ferris Industries, 362 NLRB No. 186 (Aug. 27, 2015), the NLRB updated the test for whether two companies are "joint employers" of the same group of workers. This issue arises in cases where one agency supplies workers, like temporary employees, to work for another company. It can also arise in franchisor/franchisee arrangements. Noting that these kinds of work arrangements have become much more common in recent decades, the NLRB adjusted its test to keep pace with the changing economy.
This month, the NLRB struck down Costco Wholesale Club's social-media policy that barred employees (on pain of termination) from posting anything that may "damage the Company . . . or damage any person's reputation."