Thursday, January 26, 2012

NY ALJ Says EE's Unlawfully Discharged for Facebook

In the first ruling of its kind, a National Labor Relations Board Administrative Law Judge has found [4]that a Buffalo nonprofit organization unlawfully discharged five employees after they posted comments on Facebook concerning working conditions, including work load and staffing issues.

The NLRB has received an increasing number of charges related to social media in the past year, as that means of communication grows in popularity. The Office of General Counsel issued a report last month outlining some of the cases. [5] This is the first case involving Facebook to have resulted in an ALJ decision following a hearing.

The case involves an employee of Hispanics United of Buffalo, which provides social services to low-income clients. After hearing a coworker criticize other employees for not doing enough to help the organization’s clients, the employee posted those allegations to her Facebook page. The initial post generated responses from other employees who defended their job performance and criticized working conditions, including work load and staffing issues. Hispanics United later discharged the five employees who participated, claiming that their comments constituted harassment of the employee originally mentioned in the post.

The case was heard by Administrative Law Judge Arthur Amchan on July 13-15, 2011, based on a complaint that issued May 9 by Rhonda Ley, NLRB Regional Director in Buffalo, New York.

Judge Amchan issued his decision on September 2, finding that the employees’ Facebook discussion was protected concerted activity within the meaning of Section 7 of the National Labor Relations Act, because it involved a conversation among coworkers about their terms and conditions of employment, including their job performance and staffing levels. The judge also found that the employees did not engage in any conduct that forfeited their protection under the Act.

Judge Amchan orderedthat Hispanics United reinstate the five employees and awarded the employees backpay because they were unlawfully discharged. The judge’s decision also requires that Hispanics United post a notice at its Buffalo facility concerning employee rights under the Act and the violations found. Hispanics United has the right to appeal the decision to the Board in Washington.



To help provide further guidance to practitioners and human resource professionals, NLRB Acting General Counsel Lafe Solomon has released a second report describing social media cases reviewed by his office.

The report underscores two main points made in an earlier compilation of cases:

Employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees.
An employee’s comments on social media are generally not protected if they are mere gripes not made in relation to group activity among employees.

Financial Advisor Steals MILLION$$$ From Vin Baker

http://sportinlaw.com/2012/01/25/former-nba-all-star-and-olympic-gold-medalist-files-lawsuit-claiming-advisor-blew-life-savings/

WOW

Wednesday, January 25, 2012

Court Opens the Door for Online Gambling?

Ruling by Justice Dept. Opens a Door on Online Gambling (NYT, 24 Dec 2011) - The Justice Department has reversed its long-held opposition to many forms of Internet gambling, removing a big legal obstacle for states that want to sanction online gambling to help fix their budget deficits. The legal opinion, issued by the department’s office of legal counsel in September but made public on Friday, came in response to requests by New York and Illinois to clarify whether the Wire Act of 1961, which prohibits wagering over telecommunications systems that cross state or national borders, prevented those states from using the Internet to sell lottery tickets to adults within their own borders. Although the opinion dealt specifically with lottery tickets, it opened the door for states to allow Internet poker and other forms of online betting that do not involve sports. Many states are interested in online gambling as a way to raise tax revenue.

Leigh Steinberg Gets His Say

A little late, but better than never... Below is a good read that everyone on social media sites were talking about a couple of weeks ago about Leigh Steinberg filing for personal bankruptcy. The article sets the record straight and discusses his storied career. Check it out!!!

http://www.thepostgame.com/commentary/201201/leigh-steinberg-agent-alcoholism-bankruptcy

Monday, January 16, 2012

RC and Hollywood Meet

Roanoke College Alumni working in Hollywood

http://roanoke.edu/x37210.xml

Thursday, January 12, 2012

Friday, January 6, 2012

Pujols Contract Detail$

Guess $240 million wasn't quite enough for Albert Pujols. In addition to his salary, the Los Angeles Angels are giving the slugger four season tickets to home games over the next decade.


Pujols A breakdown of Albert Pujols' 10-year guaranteed contract with the Angels, with additional provisions:

Salary
2012: $12 million; 2013: $16 million
2014: $23 million; 2015: $24 million
2016: $25 million; 2017: $26 million
2018: $27 million; 2019: $28 million
2020: $29 million; 2021: $30 million

Personal services agreement
Sides agree that after the expiration of the contract or Pujols' retirement as a player, they will enter into a 10-year personal services relationship and Pujols will be paid $1 million annually.

Milestone accomplishments
The sides agree they will enter into a separate marketing agreement in which Pujols will be paid for the promotion and marketing of specified milestone accomplishments. Among them are a $3 million payment for 3,000 hits and a $7 million payment for 763 home runs.

Award Bonuses
Most Valuable Player: $500,000
MVP second or third place: $75,000
Gold Glove: $75,000
Silver Slugger: $75,000
All-Star election or selection: $50,000
World Series MVP: $100,000
ALCS MVP: $75,000

Those details were contained in the terms of his deal that was filed Thursday with Major League Baseball and the players' association.

Other perks include:

• A hotel suite on road trips.

• A luxury suite at the ballpark for the Pujols Foundation, his charitable group, for 10 home games a year.

• The right to buy a luxury suite between first base and third base for all home games.

Los Angeles' offer to Pujols surpassed St. Louis' offer by more than $40 million. Pujols played his first 11 seasons with the Cardinals.

The Angels' deal was so complicated that it includes three separate agreements: His playing contract, a marketing deal and an agreement to enter a 10-year, personal-services agreement following the playing contract's expiration or Pujols' retirement, whichever is later. That will pay $1 million annually, but because it is contingent on Pujols actually working for the team, it is not considered guaranteed money for the purposes of baseball's luxury tax.

SOURCE: ESPN