News & Analysis as of September 20, 2024

Protected Concerted Activity › Jimmy John's

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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 -

NLRB Affirms Employer's Right to Terminate Employees Who Disparaged Company's Food Safety Practices

Parker Poe Adams & Bernstein LLP on 7/21/2017

Over the past several years, we have reported on a seemingly never-ending series of National Labor Relations Board (NLRB) decisions proclaiming a variety of abusive employee practices as protected behavior under federal labor...more

Eighth Circuit Rules that Jimmy John’s Employees’ “Disloyal” Attacks Lost Protection of the NLRA

Saul Ewing LLP on 7/13/2017

On July 3, 2017, the Eighth Circuit overturned a National Labor Relations Board (the “Board”) decision finding that a Jimmy John’s franchisee, MikLin Enterprises, Inc. (“MikLin”) violated the National Labor Relations Act...more

Will That Sandwich Make You Sick? – 8th Circuit Holds NLRA Does Not Protect Disparaging Statements By Jimmy John’s Employees

Dorsey & Whitney LLP on 7/11/2017

On July 3rd, the 8th Circuit held that disparaging statements made by Jimmy John’s employees in a labor dispute were not entitled to National Labor Relations Act (“NLRA” or “The Act”) protections – because the actions were...more

Disparagement Doesn’t Require Malice

Sherman & Howard L.L.C. on 7/5/2017

The NLRB recently has upheld some of the most outrageous employee conduct because it viewed the conduct to be part and parcel of “protected, concerted activity”. An egregious example of this trend was the NLRB’s finding that...more

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

Littler on 4/12/2016

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

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

Holland & Knight LLP on 3/31/2016

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

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