Protected Concerted Activity

The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve... more +
The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union.  less -
News & Analysis as of

Quirky Question #279: Concerted Activity in 140 Characters or Less

Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states. The company maintains a social media policy, which was recently updated. ...more

Thirteen Reasons Why Non-Union Workplaces Can't Ignore The NLRB

There is little doubt that the National Labor Relations Board (NLRB) is making its impact felt – even if your company never sees a union. By expanding its concept of “concerted protected activity,” the Board has staked out...more

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

NLRB Invalidates Employee Handbooks and Work Rules that Aim to Create Workplace Harmony and Privacy

In a decision on April 29, 2016, the National Labor Relations Board (NLRB) ruled that employers do not have the right to prohibit employees from arguing with each other or recording each other, or require them to communicate...more

Socially Aware: The Social Media Law Update Volume 7, Issue 3

How To Protect Your Company’s Social Media Currency - Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is...more

NLRB Continues to Allow Certain Rude and Aggressive Employee Behavior as Protected Concerted Activity

The National Labor Relations Board continues to scrutinize employer personnel decisions and workplace policies that arguably trigger the protections of § 7 of the National Labor Relations Act. Recall that this section of the...more

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

NLRA Protections for Derogatory Statements and Four-Letter Words Attacking a Company and its Managers

More and more employers, union and non-union alike, are getting ensnared in efforts by the National Labor Relations Board (NLRB or “Board”) to aggressively expand employee rights under the National Labor Relations Act...more

Social Media Update, Part Two

Social media is a significant and increasingly important part of the employer-employee relationship in many workplaces. Employers use social media to establish their employer brand, and to search for and research candidates....more

HR Urban Legends

Walt Disney had himself cryogenically frozen. Alligators are alive and well in the NYC sewer system. You’ll die if you eat a whole bag of Pop Rocks and polish it off with a can of Coke. 2016 was the weirdest primary...more

Legal Risks with Managing Employees in the Social Media Era

Social media continues to be a growing platform for applicants, employees, and employers to use for marketing, company branding, and employee engagement. As with any computer technology, the use of social media in the...more

Restaurant Forced to Rehire Employees Who Insinuated Food was Germ-Infested - Section 7 of the NLRA Guarantees Workers the Right...

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

NLRB Continues to Target Employers’ Social Media Policies

In recent years, the National Labor Relations Board has placed increasing scrutiny on employers’ social media policies. The NLRB has specifically focused on whether such policies unlawfully interfere with employees’ right...more

#Concerted Activity in 140 Characters or Less

Employees have increasingly voiced concerns on social media regarding their employment, often including specific statements about their employers. As previously discussed on this blog, an employee’s Facebook post related to...more

Is Tweeting A Protected Concerted Activity?

According to the NLRB’s recent ruling in Chipotle Servs. LLC, 2016 BL 76781, tweeting can be a protected activity. In that decision, the presiding ALJ determined that Chipotle violated the NLRA when it directed an employee to...more

Non-Union Employee’s “Bad Attitude” Protected by the NLRA

As a reminder that non-union employees are also protected by the National Labor Relations Act (NLRA), the Seventh Circuit Court of Appeals in Chicago recently upheld a National Labor Relations Board (NLRB) decision holding...more

Why the NLRB Should Matter To You if You’re Still Union-Free

Next week, I will be speaking at the CBIA Annual HR Conference along with my colleague Jarad Lucan about why you should care about the NLRB. Unfortunately, if you don’t already have tickets, it’s sold out. It’s being held at...more

Can Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?

In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This...more

Are Pennsylvania Employers Safe to Prohibit Recordings in the Workplace?

In an age of smartphones and wearable technology, one cannot escape the possibility that he or she is being recorded at any given time. The workplace is not immune from such possibilities as employees often carry—or sometimes...more

2016: What’s on the Horizon for Salary Thresholds Under the FLSA, Employee Handbooks and the NLRB

There are several changes and new trends appearing this year in various areas of labor and employment law. This month’s Workplace Word highlights several of these changes and discusses what employers should expect this year....more

Seventh Circuit Court of Appeals Defers to NLRB: Employer Unlawfully Discharged Employee for Brief Refusal to Work

In Staffing Network Holdings, LLC v. NLRB, the Seventh Circuit Court of Appeals in Chicago recently upheld the National Labor Relations Board’s decision that an employer unlawfully fired an employee who briefly refused to...more

Personal Gripes v. Protected Concerted Activity: Where To Draw The Line Regarding An Employee’s Job-Related Complaint On Social...

threshold questionBy now, many people have heard about the Yelp/Eat24 employee who published a rant last month on social media platform Medium addressed to Company CEO Jeremy Stoppelman relating to how her entry-level...more

The Complaint Over Lunch With the Boss As Protected Activity

Is a non-union employee who speaks out about employment matters protected by the National Labor Relations Act? If so, under what circumstances? That question is critically important because if the employee is protected and...more

NLRB Says Employers Cannot Stop Employees From Recording Conversations In Meetings

On December 24, 2015, employees who want to make video and audio recordings of co-workers and company meetings received a holiday gift. In Whole Foods Inc. and United Food and Commercial Workers, Local 919, the National...more

Labor Smart 101 - What Employers Need to Know about the NLRA

Objectives - - Familiarize yourself with the National Labor Relations Act (“NLRA”) - Recognize prohibitions of the NLRA - Discern Rights of Employers and Employees - Identify Impact -...more

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