The Labor Law Insider | Offensive Speech in the Workplace - Part II: Drawing the Line
On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more
In a decision that had been anticipated, the National Labor Relations Board (“NLRB” or “Board”) abandoned its short-lived burden-shifting test for determining the legality of employer discipline of employees found to have...more
On May 1, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued a decision, Lion Elastomers LLC, that provides employees with extensive cover for inappropriate workplace behavior under the guise of the National...more
A ruling of the National Labor Relations Board in favor of an employee fired for using vulgar language on a company bulletin board was affirmed in August by the U.S. Court of Appeals for the District of Columbia Circuit. ...more
Non-union employers, this goes for you, too! An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more
Employers are increasingly aware that an inclusive workplace is synonymous with one that does not tolerate abusive conduct, personal attacks or any form of harassment, especially harassment that is based on an employee’s...more
In General Motors LLC, the National Labor Relations Board (NLRB) departed from recent cases condoning abusive employee behavior when accompanied by protected activity. (See previous Holland & Knight alert, "Recent NLRB...more
A recent decision by the National Labor Relations Board (NLRB or Board) has modified the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements...more
On July 21, 2020, the National Labor Relations Board issued its decision in General Motors LLC, 369 NLRB No. 127 (2020), overruling decades of precedent granting employees considerable freedom to engage in abusive or...more
On July 21, 2020, the National Labor Relations Board (NLRB) (once again) modified its standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements,...more
This week the NLRB issued a blockbuster decision addressing employees’ abusive and foul language in the workplace. General Motors LLC, 369 NLRB No. 127 (2020). In the past, the Board has given many employees a free pass when...more
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
The National Labor Relations Board (“Board”) is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the...more
The National Labor Relations Board continues its efforts to revisit earlier decisions that expanded protections for employees engaged in concerted or union activities. On September 5, the board announced it is soliciting...more
It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more
In Constellium Rolled Products Ravenswood, LLC, the National Labor Relations Board recently ruled in a 2-1 decision that the employer unlawfully discharged an employee who had written “whore board” on an overtime sign-up...more
The National Labor Relations Act (NLRA) generally prohibits employers from retaliating against employees based on their union-related activities or for taking concerted action to improve the terms and conditions of their...more
In yet another blow to employers, a National Labor Relations Board Administrative Law Judge recently upheld the right of employees who regularly work with customers to wear offensive union buttons prominently displaying the...more
On June 24, 2015, the National Labor Relations Board (NLRB) issued a new decision involving allegations that an employer had unlawfully discharged an employee who had scrawled sexually-oriented obscenities and threatening...more
In our prior alerts, we notified you of the National Labor Relations Board’s (NLRB) recent decisions clarifying when, in the current board's estimation, an employer violates Section 7 of the National Labor Relations Act...more
WTF already?! As in, “where’s the fairness?” Time for an acronym update from our favorite government acronym, the NLRB. You will certainly remember that we have recommended asking yourself three questions before determining...more
Over the last several months, the National Labor Relations Board (NLRB) has issued a variety of controversial decisions related to its interpretation of what constitutes protected concerted activity under the National Labor...more