Category Archives: National Labor Relations Act

Joint Employment, National Labor Relations Act, National Labor Relations Board, WV Human Rights Act

Understanding Joint Employment Under Federal and West Virginia Law

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If you work in healthcare, hospitality, or any industry that relies on staffing agencies, franchise models, or shared employment structures, you’ve likely encountered the concept of joint employment. But what does it actually mean? And more importantly, how could it affect you or your clients?

Joint employment occurs when multiple entities—like a company and a staffing agency, or a franchisor and a franchisee—share control over an employee’s work. That shared control can lead to shared liability, especially in wage-and-hour disputes, discrimination claims, and union matters. With recent changes to federal rules and ongoing court decisions, understanding joint employment has never been more important.

What Is Joint Employment?

Simply put, joint employment happens when two or more entities have significant control over the terms and conditions of a worker’s job. That could include control over schedules, pay rates, hiring, firing, or daily supervision. For legal purposes, both entities may be considered “employers,” meaning they’re both responsible for complying with employment laws.

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Concerted activity, Employment at will rule, Harless wrongful discharge, National Labor Relations Act

When Personal Conduct Off the Clock Leads to Termination: Off-Duty Behavior and Employment Law

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Let’s talk about something that’s become more and more relevant in today’s world—off-duty conduct. What happens when an employee gets into trouble outside of work? Can an employer fire someone for something they did on their own time? And how do courts draw the line between private behavior and job-related consequences?

The short answer: yes, employers often can terminate someone for off-duty conduct, but it depends heavily on the circumstances—and there are key legal protections that limit this right.

This area of law lives in a gray zone where employment at-will, public policy, discrimination statutes, and even social media all overlap. Let’s dive in.

At-Will Employment and the Right to Terminate

As you know, West Virginia is an at-will employment state, like most of the country. That means employers can generally terminate an employee for any reason—or no reason at all—so long as it’s not illegal or in violation of a public policy. See W. Va. Code § 21-5-4 and Felix v. Grafton City Hospital, 447 S.E.2d 418 (W. Va. 1994).

So, in theory, an employer could fire an employee because of something they did off the clock—say, a bar fight, a controversial Facebook post, or a DUI arrest.

But theory and practice aren’t always the same.

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National Labor Relations Act, Social networking

The Legal Implications of Employee Social Media Use

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Social media has transformed how people communicate, but it has also created legal challenges in the workplace. Employers want to protect their reputation and confidential information, while employees want to express themselves freely. The big question is: how much control can an employer legally exert over an employee’s social media activity? Let’s break it down.

Can Employers Restrict Employee Social Media Use?

Yes, but with limitations. Employers can implement social media policies to safeguard their business interests, prevent workplace harassment, and maintain productivity. However, they must ensure these policies do not violate employee rights under federal and state law.

For example, the National Labor Relations Act (NLRA) (29 U.S.C. § 157) protects employees who engage in “concerted activity”—discussions about wages, working conditions, or unionizing efforts. The National Labor Relations Board (NLRB) has ruled that employers cannot discipline workers for social media posts that fall under this protection (NLRB v. Pier Sixty, LLC, 855 F.3d 115 (2d Cir. 2017)).

Employers can take action against employees for social media posts that:

  • Violate company policies (e.g., harassment, discrimination, or confidentiality rules).
  • Contain threats, hate speech, or defamatory statements.
  • Cause significant reputational harm to the employer.

However, a blanket ban on work-related social media discussions could violate federal labor laws.

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Concerted activity, National Labor Relations Act, Privacy

The Legality of Workplace Surveillance: Balancing Business Interests and Employee Privacy

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In an era of remote work, digital monitoring, and AI-powered analytics, workplace surveillance is becoming more common. Employers want to ensure productivity, prevent misconduct, and protect company assets. But where’s the line between reasonable monitoring and an invasion of privacy? Understanding the legal framework around workplace surveillance helps both employers and employees navigate this tricky issue.

Can Employers Legally Monitor Employees?

Yes, but with limitations. Employers generally have the right to monitor employees during work hours, particularly if they’re using company-owned equipment or working on company premises. However, federal and state laws impose restrictions, especially when it comes to electronic communications, video surveillance, and off-duty monitoring.

Federal Laws on Workplace Surveillance

  1. Electronic Communications Privacy Act (ECPA) (18 U.S.C. § 2510 et seq.)
  • Prohibits employers from intercepting employees’ private communications.
  • Allows monitoring of workplace communications if there’s a legitimate business purpose or employee consent.
  • Does not cover stored emails and files, meaning employers can access work-related digital content without violating the ECPA.
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