News & Analysis as of

Employee Rights Protected Activity

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Littler

New Decision from the Supreme Court of the United Kingdom Has Significant Implications for Trade Union Law

Littler on

The long and winding road of the Secretary of State for Business and Trade v. Mercer case has taken yet another U-turn. The Supreme Court’s judgment, published on April 17, has brought some clarity and potentially some...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

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The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Seyfarth Shaw LLP

The Supreme Court Pours Some Concrete on the Right to Strike

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On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort...more

Venable LLP

What the Bleep!?: NLRB Makes it More Difficult to Discipline Employee Outbursts

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On Monday May 1, 2023, the NLRB issued a decision that makes it more difficult for employers to discipline or terminate employees who have engaged in "abusive conduct." This decision, Lion Elastomers LLC II, overturns the...more

Constangy, Brooks, Smith & Prophete, LLP

What will that NLRB decision do to separation agreements?

Two cents from an employment lawyer. My colleague David Phippen wrote an excellent bulletin about this week's McLaren Macomb decision from the National Labor Relations Board, in which the Board ruled that offering...more

Venable LLP

New York's Lawful Absence Law

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On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the Law). The Law amends §215 of the New York Labor Law (NYLL) to "clarif[y] that workers shall not be punished or subjected to...more

Bodman

NLRB Targets More Restrictive Standard for Employee Handbooks and Work Rules

Bodman on

The National Labor Relations Board’s (“Board”) upcoming decision in Stericyle, Inc., NLRB Docket No. 01-CA-137660 may impact how the Board assesses the lawfulness of employer work rules and handbook policies in both union and...more

Fox Rothschild LLP

NLRB GC’s Extreme Agenda on Display at ABA Mid-Winter Meeting

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Last week, the American Bar Association’s Section on Labor and Employment Law, Committee on the Developing Labor Law, gathered in Kauai for its annual mid-winter meeting, featuring presentations from top labor law attorneys...more

Akerman LLP - HR Defense

New NLRB GC Memo Reveals Agency Strategy

All unionized and nonunionized private sector employers should prepare now for the anticipated legal changes contemplated in the National Labor Relations Board’s latest general counsel memorandum, GC 21-04. The Memorandum,...more

Robinson+Cole Manufacturing Law Blog

Free Speech and Expression in the 2021 Workplace

While the presidential election may be in the past, conversations on political and social issues are not. As the new Presidential Administration takes the helm, the pandemic continues, and significant political division...more

Farella Braun + Martel LLP

The Election Season Is Upon Us: Guidance for Managing Political Expression in the California Workplace

In a year of extraordinary events, this election has been more divisive and controversial than any other in recent history. Many employers are grappling with how they should manage political expression in the workplace. An...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Social Media Posts During Turbulent Times: FAQs on Employee Rights and Employer Responsibilities

Many people have commented on social media regarding the anti-racist movement that has been gaining strength in the wake of police officers killings around the country. Unfortunately, some of these posts are inflammatory,...more

Epstein Becker & Green

#BigIdeas2020: NLRB’s Actions Impact Employers in 2020 - Employment Law This Week® - Trending News

A Trending News interview from Employment Law This Week®, featuring attorney Steve Swirsky, Member of the Firm: The National Labor Relations Board (NLRB) ended the year with a flurry of activity, including the relaxing of...more

Sheppard Mullin Richter & Hampton LLP

Employers May Now Forbid Employees Using Co. Email for Protected Concerted Activities, Forbid Employees from Discussing On-Going...

The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more

Seyfarth Shaw LLP

New York’s Latest Expansions to Human Rights Laws Shake Up Employment Landscape

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Seyfarth Synopsis: The New York City Council voted to expand the anti-discrimination and retaliation provisions of the Human Rights Law to freelancers and independent contractors. The bill is awaiting the Mayor’s signature. ...more

ArentFox Schiff

NLRB: Property Rights Trump Off-Duty Employees’ Section 7 Rights

ArentFox Schiff on

In a split decision, the National Labor Relations Board (NLRB or the Board) ruled last week that a property owner that is not in any underlying labor dispute, does not have to grant access to off-duty employees of an onsite...more

FordHarrison

NLRB Further Expands Private Property Rights by Limiting Non-Employee Handbilling

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In a 3-1 decision, the National Labor Relations Board (“NLRB” or the “Board”) ruled that a property owner may exclude from its property off-duty contractor employees engaged in Section 7 activity unless (1) those employees...more

Proskauer - Labor Relations Update

Employer’s Discipline of Employees Engaging In “Intermittent Strikes” Lawful: NLRB Majority

This summer has been punctuated by walkouts. We have seen walkouts in support of a $15 minimum wage and walkouts to protest the sale of goods to the government. Walking off the job is, of course, a staple of labor action, and...more

Akerman LLP - HR Defense

NLRB G.C. Issues Guidance on Handbook Rules

Standard employer workplace policies may once again pass muster, following a Memorandum issued this summer by the NLRB Office of General Counsel. Although Memorandum GC 18-04 is addressed to NLRB personnel, its guidance...more

McNees Wallace & Nurick LLC

NLRB’s Position on Unions’ Right to Use Employers’ Email Could Change

Another Obama-era National Labor Relations Board policy may be on the ropes. Four years ago, the Board issued its controversial Purple Communications decision. In that case, it determined that employees have the right to...more

Harris Beach PLLC

NLRB Releases New Guidance on Workplace Rules and Policies

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On June 6, 2018, the National Labor Relations Board (the “Board”) issued new guidance applying the National Labor Relations Act (“NLRA”) to common workplace rules and policies. The new guidance, authored by the Board’s...more

Seyfarth Shaw LLP

Raging Bull: Getting Beat Up On Glassdoor?

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Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and...more

K&L Gates LLP

Working Wise: Recent Developments at the NLRB

K&L Gates LLP on

In this episode, we review recent transitions at the National Labor Relations Board (NLRB) under President Trump, discuss four significant Board decisions issued in late 2017, and highlight what we should expect from the NLRB...more

FordHarrison

Methinks thou doth protest too much! FYI, only ‘reasonable’ opposition is protected

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It seems that every day the news is full of stories about employees (whether they are NFL players or Hollywood starlets) protesting unfair treatment. Usually, when an employee complains about discrimination, harassment, equal...more

McCarter & English, LLP

Second Circuit Upholds NLRB Ruling That Employer’s “No Recording” Policy Violated National Labor Relations Act

Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This...more

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