Protected Concerted Activity › Employee Handbooks

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.

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News & Analysis as of May 22, 2013

Two Key Elements Every Social Media Policy Should Include

NLRB Pulls Back A Little More On Policy Frenzy, Finds Code Of Conduct Does Not Violate The Act

by Mark Theodore | Proskauer - Labor Relations on 3/15/2013

As we have seen repeatedly in the last year, the NLRB has taken it upon itself to police employer policies often finding a phrase or two to be a violation of the Act. In recent months we have seen the NLRB seemingly pullback...more

Restricting Outside Communications; How Far Can You Go?

by David Jaqua | Butler, Snow, O'Mara, Stevens and Cannada,... on 3/1/2013

On January 25, 2013, the National Labor Relations Board held that DirecTV's employee handbook contained unlawful rules restricting employees from communicating with media representatives and law enforcement officials and...more

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

by James McDonald Jr. | Fisher & Phillips LLP on 1/12/2013

The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more

NLRB Provides New Guidance on At-Will Employment Provisions

by McNees Wallace & Nurick LLC on 11/12/2012

On October 31, 2012, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued two advice memoranda addressing at-will provisions in employee handbooks. In both cases, the NLRB concluded that the...more

NLRB Provides Guidance on At-Will Employment Disclaimers

by Ballard Spahr LLP on 11/9/2012

At-will employment clauses in two employee handbooks did not violate employees’ rights under the National Labor Relations Act, according to advice memoranda issued last week by the National Labor Relations Board’s Acting...more

NLRB Division, Some “At-Will” Clauses Ok

by Proskauer - Labor Relations on 11/2/2012

The Board’s excruciatingly close scrutiny of employer policies continues as the agency looks for opportunities to expand its juridiction by rooting out all evil lurking in handbooks and other written employment policies....more

The "I"s Have It: NLRB Says Don’t Shred Those At-Will Disclaimers Just Yet

by Jon Hyman on 11/1/2012

The NLRB Office of General Counsel issues refreshing (surprising? relieving?) advice memoranda backing off the position that any at-will disclaimer violates the NLRA, and stating that it is willing to evaluate each on a...more

Say What? NLRB Provides Guidance For Social Media Policies

by Pillsbury Social Media, Entertainment &... on 10/26/2012

In a series of important rulings, the National Labor Relations Board ("NLRB") has provided guidance regarding the extent to which private employers may regulate aspects of an employee's social media activities consistent with...more

NLRB Takes on At-Will Employment

by FordHarrison on 10/19/2012

Executive Summary: During the past year, the National Labor Relations Board has begun chipping away at the employment at-will doctrine. Based on the activities of one of its regional offices, the Board appears intent on...more

Social Media Update - The NLRB Upholds Employer-Friendly Ruling in First Decision Involving Firing Over a Facebook Posting

by Manatt, Phelps & Phillips, LLP on 10/12/2012

As a powerful tool to reach a wide audience and a vehicle for users to reveal otherwise private information, social media creates fertile ground for litigation, particularly in the employment and labor context. In the first...more

NLRB Says Facebook Firing is Lawful, But Social Media Policy is Not

by Pierce Atwood LLP on 10/12/2012

The National Labor Relations Board (NLRB) recently issued its first decision regarding an employee’s termination due to posts on Facebook. The decision, a mixed bag for employers, demonstrates—again—the NLRB’s increasing...more

Social Media Policies in the NLRB's Crosshairs

by Littler on 10/10/2012

Between the summer of 2011 and the spring of 2012, the Acting General Counsel of the National Labor Relations Board (NLRB), Lafe Solomon, published three Advice Memos that expressed his views on the application of the...more

NLRB Rules Termination Over Facebook Posting Justified

by XpertHR - Partnered with LexisNexis on 10/8/2012

Employers should be aware that the NLRB has released another decision addressing workplace rules and social media use which may directly affect workplace policies....more

NLRB Finds That Employer Lawfully Fired Employee Over Facebook Posts, But Its Courtesy Policy Violated The NLRA

by Franczek Radelet P.C. on 10/5/2012

On October 1, 2012, the National Labor Relations Board (NLRB) issued another decision addressing the intersection between the National Labor Relations Act (the Act), social media, and handbook policies prohibiting...more

Update: NLRB Upholds Termination For Facebook Posting, But Nails Employer For Unrelated Handbook Policy

by Proskauer - Labor Relations on 10/4/2012

The NLRB has received a lot of attention for its actions the last couple years. One of the storms was caused by the agency’s attention to employer actions based on employee Facebook postings. More to the point, employers were...more

Employee’s Facebook Posting Not Protected Activity, Says NLRB

by Ballard Spahr LLP on 10/4/2012

The National Labor Relations Board’s most recent decision demonstrates that not all employee social media posts are protected by the National Labor Relations Act. Questions remain, however, about the extent to which employees...more

NLRB Strikes Again and Issues First Social Media Decision

by XpertHR - Partnered with LexisNexis on 10/4/2012

Employers may want to be careful when drafting social media policies based on the first decision by the National Labor Relations Board (NLRB) directly addressing social media use and the right to engage in protected activity...more

NLRB Strikes Down Employee Handbook Language and Issues First Social Media Decision

by Morgan Lewis on 10/3/2012

Continuing its aggressive foray into nonunion workplaces, the NLRB has weighed in on social media and employee handbook issues, finding certain language to be unlawful under Section 8(a)(1) of the National Labor Relations...more

NLRB: Employer’s Harassment Investigation Lawful, But Not Resulting Discipline

by Proskauer - Labor Relations on 10/1/2012

As the end of its fiscal year approaches (September 30), the NLRB pushes more decisions out than it has in the last several weeks. Not a whole lot are of note, honestly. There seems to be an uptick of default judgments being...more

NLRB Strikes Down Overbroad Rules, Nixes Social Media Policy

by Miller & Martin PLLC on 9/21/2012

A recent decision from the NLRB illustrates the importance of carefully reviewing your work rules and policies to assure that the mere maintenance of a rule does not end up being an unfair labor practice. In Costco Wholesale...more

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