Jonathan Crotty

Jonathan Crotty

Parker Poe Adams & Bernstein LLP

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Interview Exchange Leads to Unfair Labor Practice Claims

This week, Elon Musk interviewed former President Trump on his social media platform X. During the interview, the two participants discussed their response to a hypothetical strike at Musk’s Tesla production facility. Trump...more

8/16/2024  /  Donald Trump , Elon Musk , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity , Public Statements , Section 7 , Strike , Tesla , Unfair Labor Practices , United Auto Workers

Managers Not Protected by NLRA Concerted Activity Rules

Over the past few years, the National Labor Relations Board has taken aggressive measures to extend labor law protections to some non-unionized employees. These decisions have involved employer policies restricting social...more

4/12/2024  /  Employer Liability Issues , Employment Policies , Fair Labor Standards Act (FLSA) , NLRA , NLRB , Protected Concerted Activity , Section 7

Noncompetes Violate Federal Labor Law, Says National Labor Relations Board's General Counsel

In the wake of the Federal Trade Commission’s recent proposal to void noncompetition agreements between employers and employees, another federal agency has joined the push to restrict the use of restrictive covenants in...more

6/2/2023  /  Employer Liability Issues , Federal Trade Commission (FTC) , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Proposed Regulation , Restrictive Covenants , Section 7 , Statutory Authority

NLRB Reinstates Prior Position Regarding Use of Confidentiality and Non-Disparagement Provisions in Severance Agreements

Earlier this week, the National Labor Relations Board (NLRB) continued its reversal of decisions reached during the Trump administration, reinstating prior precedents. This time, the Board reversed two decisions that limited...more

2/24/2023  /  Confidentiality Agreements , Hiring & Firing , NLRA , NLRB , Non-Disparagement Provisions , Section 7 , Severance Agreements , Termination

First Circuit Upholds Employee's Right to Publicly Complain About Working Conditions

Section 7 of the National Labor Relations Act protects the rights of employees to engage in “concerted activity,” regardless of whether they are members of a union. Concerted activity means two or more employees working...more

6/25/2021  /  Employer Liability Issues , Employment Litigation , Employment Policies , Hiring & Firing , NLRA , NLRB , Protected Concerted Activity , Retaliation , Section 7 , Unions , Wrongful Termination

National Labor Relations Board Resolves Catch-22 Related to Abusive Conduct

For years, employers seeking to enforce anti-discrimination and harassment policies have faced a vexing Catch-22. While Title VII and other federal and state laws require employers to take action against employees who engage...more

7/31/2020  /  General Motors , NLRA , NLRB , Protected Concerted Activity , Section 7 , Unions , Vulgar or Offensive Marks

National Labor Relations Board Upholds Policy Banning Outside Employment

In its Boeing Co. decision, the National Labor Relations Board established a relaxed standard for determining whether company policies unreasonably interfere with employees’ right to engage in concerted activity under Section...more

7/27/2020  /  Boeing , NLRA , NLRB , Protected Concerted Activity , Section 7

Supportive Replies to Co-Worker's Profane Email Were Protected Activity

As noted previously in EmployNews, Section 7 of the National Labor Relations Act protects concerted activity by employees who complain about terms and conditions of employment. Obviously, email and social media did not exist...more

11/1/2019  /  Employee Rights , Employer Liability Issues , Employment Policies , NLRA , NLRB , Offensive Language , Protected Concerted Activity , Section 7 , Unfair Labor Practices , Unions

NLRB Blesses Employer's Confidentiality and Media Contact Rules

In the wake of its Boeing decision, the National Labor Relations Board continues to analyze various employee handbook and other policies to determine if they interfere with Section 7 employee concerted activity rights. On...more

10/31/2019  /  Confidentiality Policies , Employment Policies , Media Contact Rules , NLRB , Protected Concerted Activity , Section 7

NLRB Says Griping About Clients Is Not Protected Concerted Activity

Section 7 of the National Labor Relations Act protects employee “concerted activity.” Concerted activity means two or more employees engaging in discussions or actions intended to address terms and conditions of employment....more

4/22/2019  /  Hiring & Firing , NLRA , NLRB , Protected Concerted Activity , Section 7 , Unfair Labor Practices

Second Circuit Upholds NLRB Ban on No Recording Policy

Last year, the National Labor Relations Board (NLRB) surprised many employers when it declared illegal Whole Foods’ policy that prohibits employees from video or audio recording in the workplace. The Board concluded that the...more

6/19/2017  /  Audio Recording , Employment Policies , NLRA , NLRB , Protected Concerted Activity , Section 7 , Video Recordings , Whole Foods , Workplace Communication

New NLRB Chair's Dissent May Point to Future Board Position on Challenges to Employee Handbook Policies

Over the past several years, the National Labor Relations Board (NLRB) has repeatedly found that standard employee handbook provisions violate employees’ rights under Section 7 of the NLRA. These cases conclude that a variety...more

3/16/2017  /  Conflicts of Interest , Corporate Counsel , Employee Handbooks , Identity Theft , NLRB , Protected Concerted Activity , Section 7 , Verizon

NLRB Says Social Media Policy Cannot Prohibit Employees from Posting Pictures of Company Uniforms

At least for now, the National Labor Relations Board (NLRB) continues its assault on employer social media policies. In a recent Board decision, G4S Secure Solutions (USA), Inc., the majority declared a variety of policies...more

12/14/2016  /  Administrative Law Judge (ALJ) , NLRB , Photographs , Popular , Privacy Concerns , Protected Concerted Activity , Section 7 , Social Media Policy , Video Recordings

Federal ALJ Says NLRA Also Protects Employee Social Media Use from Union Interference

Employers are well aware of the National Labor Relations Board’s increasingly aggressive prosecution of employers accused of violating employee rights by attempting to restrict their social media interactions. Earlier this...more

9/27/2016  /  NLRB , Protected Concerted Activity , Section 7 , Social Media Policy , Unfair Labor Practices , Unions

NLRB Says Employees Spreading Inaccurate Information is Protected Conduct

Yet another chapter in the National Labor Relations Board’s assault on employer social media policies. Earlier this month, the Board rejected Chipotle’s policy that prohibited employees from “posting incomplete, confidential,...more

8/31/2016  /  Chipotle Grill , Disparate Impact , NLRB , Protected Concerted Activity , Section 7 , Social Media Policy

NLRB Says General Conflict of Interest Policies Violate Federal Labor Law

Another week, another National Labor Relations Board decision concluding that a standard employee handbook policy violates employees’ rights to engage in protected concerted activity under Section 7 of the NLRA. This time,...more

8/23/2016  /  Conflicts of Interest , Corporate Counsel , Employee Handbooks , NLRA , NLRB , Protected Concerted Activity , Section 7

D.C. Circuit Upholds NLRB Position on Illegal Handbook Policies

Over the past several years, the National Labor Relations Board has repeatedly declared standard employee handbook policies illegal because it considered them to violate employees’ rights to engage in protected concerted...more

8/16/2016  /  Confidentiality Agreements , Corporate Counsel , Employee Handbooks , NLRA , NLRB , Non-Disparagement Provisions , Protected Concerted Activity , Quicken Loans , Section 7

Appellate Court Split Sets Stage for Supreme Court to Determine Use of Class Action Waivers in Employment Arbitration Agreements

As previously reported in EmployNews, the National Labor Relations Board has issued numerous recent decisions finding that employers’ use of class and collective action waiver provisions in mandatory arbitration agreements...more

6/14/2016  /  Arbitration Agreements , Class Action Arbitration Waivers , DirecTV v Imburgia , Federal Arbitration Act , Mandatory Arbitration Clauses , NLRA , NLRB , Section 7 , Split of Authority

NLRB Again Rejects Employer Code of Conduct Provisions Requiring Positive Coworker Relations

Last month, the National Labor Relations Board continued its rejection of employer conduct policies intended to promote harmonious and productive working relationships among employees. In T-Mobile USA, Inc., unionized...more

6/1/2016  /  Code of Conduct , NLRA , NLRB , Protected Concerted Activity , Section 7 , T-Mobile , Unfair Labor Practices , Unions , Working Conditions

NLRB Rejects General Employee Behavior Standards in Code of Conduct

The National Labor Relations Board continues its assault on employer handbooks and other policies it considers to impede employees’ rights to engage in protected concerted activity under Section 7 of the NLRA. Last month, the...more

5/4/2016  /  Code of Conduct , Employee Handbooks , Hospitals , NLRA , NLRB , Nurses , Patient Safety , Protected Concerted Activity , Section 7 , Termination , Workplace Bullying

Social Media Policy Cannot Prevent Employee from Negative Responses to Customer Tweets

The National Labor Relations Board continues to interpret Section 7 of the NLRA to prevent employers from adopting social media policies that restrict employees’ ability to publically complain about their terms and conditions...more

4/12/2016  /  Administrative Law Judge (ALJ) , Chipotle Grill , NLRA , NLRB , Popular , Protected Concerted Activity , Section 7 , Social Media Policy , Termination

NLRB Says Agreement's Failure to Advise Employee of Right to File Claims with Board Violates Federal Labor Law

Over the past several years, the Equal Employment Opportunity Commission has sued several employers, claiming that their failure to explicitly advise employees that releases provided in conjunction with severance benefits...more

3/9/2016  /  Corporate Counsel , Disclaimers , Employee Releases , Equal Employment Opportunity Commission (EEOC) , Mandatory Arbitration Clauses , NLRB , Section 7 , Termination , Unfair Labor Practices

D.C. Circuit Upholds NLRB Ban on Various Employee Handbook Policies

As exhaustively reported in EmployNews over the past several years, the National Labor Relations Board has been attacking numerous employee handbook provisions considered for years by employers to constitute standard...more

11/16/2015  /  Employee Handbooks , NLRB , Pay Transparency , Protected Concerted Activity , Section 7

Fifth Circuit Repeats Rejection of NLRB Ban on Class Action Waivers

When employers require employees to sign mandatory arbitration agreements, the agreements typically state that any subsequent arbitration must be brought in the employee’s individual capacity. In other words, the agreements...more

11/9/2015  /  Class Action Arbitration Waivers , Employment Contract , Mandatory Arbitration Clauses , NLRB , Section 7

Second Circuit Affirms NLRB View That Facebook "Likes" Are Protected Concerted Activity

Last week, the Second Circuit Court of Appeals backed the National Labor Relations Board’s position that employee social media postings are protected concerted activity under federal law, even if they use obscenities that...more

11/2/2015  /  Appeals , Employer Liability Issues , Facebook , NLRB , Offensive Language , Protected Concerted Activity , Section 7 , Social Media , Social Media Policy
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