The latest guidance on social media and protected concerted activity, issued last week by Lafe Solomon, Acting General Counsel of the National Labor Relations Board, is for the most part an unrealistic, hair-splitting mess. ("But Robin, tell us how you really feel about it!") However, there is a somewhat happy ending that I'll talk about at the end of this post.

The first two ...

Giddyap! It's been a short week, but we have tons to talk about in the labor and employment law world!

Thinking out loud about the impact of yesterday's DOMA decision on the Family and Medical Leave Act. The U.S. Court of Appeals for the First Circuit* held yesterday that Section 3 of the federal Defense of Marriage Act was unconstitutional. Section 3 provides that, for purposes of ...

Fellow blogger Jon Hyman, among others, has already written an eloquent critique of the latest report from the Office of the General Counsel of the National Labor Relations Board on social media and protected concerted activity, and Dan Schwartz has a good roundup of what labor lawyers are saying about it (and also a call for employers not to overreact). If you haven't read Jon and Dan, you ...

Colin O'Keefe of LXBN TV interviewed me yesterday about the NLRB's latest report on social media, and what it means for employers. Here it is, but you may want to turn the volume down before you start -- my volume was a lot louder than Colin's for some reason.

Colin, thank you for the interview and for your kind words about Employment & Labor Insider!

After a great holiday feast, isn't it fun just to eat the leftovers? Like a nice, cold roast beast sandwich with a wedge of leftover pie? Yum!

Here are some great labor and employment blog "leftovers" from the holidays that I hope you will enjoy as much as I did, followed by a few new year's resolutions for employers and employees. Please add to my list!

In case you were chillaxin' last week and ...

DEAR READERS: If you enjoy this blog, we'd be most grateful if you would nominate it for the 2011 Blawg 100 list of the American Bar Association. (Blawg = blog + law . . . get it?) Attorneys and employees of Constangy are not eligible to vote. All entries must be submitted by September 9. While you're at it, please cast another vote for our sister blog, Employee Benefits Unplugged. Thank you for ...

Happy Memorial Day weekend, everybody! Top stories this week:

When are employers liable for the bad behavior of their customers? The sexual assault charges against Dominique Strauss-Kahn, former head of the International Monetary Fund, who allegedly attacked an African-immigrant maid in his hotel room in New York City, have spurred some interesting discussion about female ...

H.L. Mencken once said, "No one in this world, as far as I know . . . has ever lost money by underestimating the intelligence of the great masses of the plain people." Being a "small d" democrat and believing that stupidity is not limited by one's social standing, I'd delete "the great masses of the plain."

But, apart from that nit, I am in awe -- I just can't figure out how Mr. Mencken ...

I am disappointed that the NLRB "Facebook Firing" case settled, even though I certainly understand why both sides wanted to end it.

In November, the National Labor Relations Board issued a complaint against American Medical Response of Connecticut, alleging that the company committed an unfair labor practice by firing an emergency medical technician who had posted some ...