Protected Concerted Activity The National Labor Relations Act

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

The National Labor Relations Board 2015 Year in Review - An Overview of Major Developments in Labor Law

To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the...more

"Class Action Waivers: Are They Enforceable?"

Class action waivers in arbitration agreements continue to occupy the attention of the National Labor Relations Board (NLRB), and uncertainty in this area of law raises ongoing concerns for employers. In D.R. Horton, Inc.,...more

Are You on Candid Camera? The NLRB Just Made It More Difficult to Ban the Use of Recording Devices in the Workplace

On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), finding for the first time that it is unlawful for an employer to adopt a work...more

To Record or Not to Record, That is the Question

Eliminating any possibility that it might wind up on employers' "nice list," the National Labor Relations Board (NLRB) ruled on Christmas Eve that a Whole Foods policy featuring an "absolute prohibition" on employees "taking...more

Employers Should Take Care When Prohibiting Workplace Recordings

A number of years ago, one of the nation’s largest grocery stores banned its employees from recording workplace conversations, images, or meetings without prior management approval or consent by all parties to a conversation....more

NLRB Holds That a Ban on Videotaping Workplace Conversations is Unlawful

Recently, the National Labor Relations Board (NLRB) held that an employer violated Section 7 of the National Labor Relations Act (NLRA) by maintaining a policy that prohibited employees from making certain audio or video...more

Data Privacy Recommendations for Crafting Employee Monitoring Policies

Federal laws prohibit the interception of another’s electronic communications, but these same laws have multiple exceptions that generally allow employers to monitor employees’ email and internet use on employer-owned...more

National Labor Relations Board Continues to Limit Handbook Rules

The National Labor Relations Board has been increasingly active in reviewing rules for employee conduct described in personnel policy manuals and handbooks. The NLRB focuses on Section 7 of the National Labor Relations Act,...more

Words Matter: D.C. Circuit Upholds (in part) NLRB's Ruling on Hyundai Handbook Policies

A recent opinion from the D.C. Circuit Court of Appeals, Hyundai Am. Shipping Agency, Inc. v. NLRB, illustrates the importance of word choice in handbook policies under the watchful eye of the National Labor Relations Board...more

Second Circuit Holds That Facebook “Like” May Be Concerted Activity Under Section 7 of the NLRA

The Second Circuit recently released a summary order in Three D, LLC v. NLRB affirming the National Labor Relations Board’s (the Board) ruling that a Facebook “like” can be construed as concerted activity under Section 7 of...more

"Likes" on Facebook are Protected Employee Conduct

The United States Court of Appeals for the Second Circuit recently upheld a National Labor Relations Board (Board) decision holding that a sports bar violated the National Labor Relations Act (Act) when it discharged...more

The Second Circuit “Likes” the NLRB’s Reasoning

In recent years, the National Labor Relations Board has tended to protect employees’ social media activity against employers. A few weeks ago, the Second Circuit upheld a decision of the National Labor Relations Board...more

Employment Law - November 2015

Following California, New York Toughens Equal Pay Law - Why it matters: Following in the recent footsteps of California, New York Governor Andrew Cuomo signed into law the Achieve Pay Equality Act, providing greater...more

Facebook ‘like’ considered protected activity

Employers know that when it comes to employees discussing employment issues on social media, it is best for employers to tread carefully. A recent federal court of appeals decision confirmed that even a simple Facebook “like”...more

Where’s the “Dislike” Button? 2nd Circuit Affirms Employee-Friendly Social Media Ruling

In my last post on HR legalist, I outlined the current state of the law regarding employee social media use. One trend I have been following is the National Labor Relations Board’s expansion of protections for employees who...more

Discipline Based on Social Media Activity – An Update

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

Court “Likes” NLRB’s determination that Facebook posts are protected under the NLRA

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

Second Circuit Sides With NLRB In Facebook Dispute

As employees continue to flock to social media in droves, employers have been craving additional guidance about how, if at all, they can regulate work-related posts. While it is no secret that employees in unionized and...more

Second Circuit Upholds NLRB's Triple Play Decision, Expanding Section 7 Protections for Employees' Social Media Activity

Obscenities alone—even when viewed by an employer's customers—do not deprive employees engaged in protected concerted activity of the National Labor Relations Act's ("NLRA" or the "Act") protections. So held the U.S. Court...more

Court “Likes” NLRB’s Determination that Facebook Posts Are Protected under the NLRA

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

Second Circuit Upholds NLRB Decision: Discharge of Employees for Facebook “Likes” Was Unlawful

On October 22, 2015, the Second Circuit Court of Appeals affirmed the National Labor Relations Board’s (NLRB) decision that Triple Play Sports Bar and Grille (Employer) violated Section 8(a)(1) of the National Labor Relations...more

Second Circuit Says Facebook Profanity Directed at Employer is Protected - Employer Violated NLRA by Terminating Two Employees...

In Three D, LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's (the Board) determination that the employer, Triple Play,...more

Dislike Employees’ Facebook “Likes”? Fire Away at Your Own Risk

On October 21, 2015, the Second Circuit Court of Appeals upheld the ruling of the National Labor Relations Board (“Board”) decision in Triple Play Sports Bar and Grill, 361 NLRB No. 31 (2014). The employer, Triple Play, had...more

Second Circuit Finds Facebook “Likes” Protected Under NLRA

On October 21, 2015, the Second Circuit clarified in Triple Play Sports Bar and Grille v. National Labor Relations Board that protections provided under Section 7 of the National Labor Relations Act (“NLRA”) encompass...more

Facebook “Like” Protected Speech Under the NLRA

We all have them. Friends and family who overshare on Facebook. Their food choices (complete with pictures), exercise routine, and relationship drama, all solidified in the form of a status update. Annoying maybe, but mostly...more

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