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

Weigand v. N.L.R.B: A Double Standard for Social Media?

On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more

Employment Law - April 2015

To Accommodate or Not to Accommodate? U.S. Supreme Court Weighs in on Pregnant Employees - Why it matters: The U.S. Supreme Court decided the first of two major employment law cases this term when a 6-3 majority of...more

NLRB Holds Employee’s Obscene Facebook Post Criticizing Supervisor is Protected

We have written previously about the expanding scope of social media activities that the National Labor Relations Act protects and the tight limits the NLRB places on an employer’s ability to discipline employees for...more

NLRB Finds Employee’s Extremely Profane Facebook Post was Protected Concerted Activity

The National Labor Relations Board recently demonstrated how far it will go to protect employees in the name of protected concerted activity. In Pier Sixty, LLC, an employee took to Facebook to call his manager a...more

“Hijacking” Employer Email Systems for Union Organizing and Other Non-work Purposes

A recent decision by the National Labor Relations Board (NLRB or Board) has imposed requirements on employers to generally allow their employees to use the employer’s email systems in support of union organizing efforts and...more

NLRB General Counsel Releases Memo on Employee Handbook Conflicts With Employee Concerted Activity Rights

Over the past several years, EmployNews has reported dozens of cases involving challenges by the National Labor Relations Board’s Office of the General Counsel to what appeared to be standard employee handbook provisions. In...more

NLRB Says You Can Call Your Boss Obscenities and Not Get Fired

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

Employment Law Newsletter - April 2015

In This Issue: - Do Your Company Policies & Procedures Stand up against the NLRB? - Potential Pitfalls of Terminating an Employee who Requests Extended Leave - Excerpt from Do Your Company Policies & Procedures...more

NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary...more

It's Not What You Say, It's How You Say It: The NLRB and Employee Manuals

An employee manual can be your best friend or your worst nightmare in litigation. A well-written manual can provide clarity, consistency and enhance employee communication. A poor policy can rise up like a late night movie...more

NLRB Guidance Further Defines Permissive Employer Handbook Rules

The NLRB’s General Counsel recently issued a report further defining the limitations on an employer’s ability to enact workplace rules which tend to interfere with an employee’s Section 7 rights under the National Labor...more

NLRB Published Report Concerning Employee Handbook Rules and Policies

On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many...more

Do Your Company Policies & Procedures Stand up against the NLRB?

Many private businesses may be surprised to learn that the National Labor Relations Board (the “NLRB” or “Board”) can and will regulate policies and procedures that impact employees’ right to organize under Section 7 of the...more

NLRB Issues Guidance on Employee Handbooks

The National Labor Relations Board (“NLRB”) has recently been aggressive in its enforcement of the National Labor Relations Act (“NLRA”) and, in particular, Section 7 of the NLRA, which protects employees’ rights to form or...more

Best Practices in Social Media for Employers Part 3 – Disciplining Employees for Conduct on Social Media

As discussed previously (see Best Practices in Social Media for Employers Part 2), adopting a National Labor Relations Act (NLRA)-compliant social media policy is the first step in ensuring that the policy can be enforced. ...more

If You Can’t Say Anything Nice….NLRB General Counsel Releases New Report on Employee Handbook Rules

The National Labor Relations Board (NLRB) General Counsel released a report on recent case developments on March 18 involving employee handbook conduct restrictions. The stated purpose was to focus on rules that may have a...more

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

NLRB Restricts Company From Requiring Employee to Keep Performance Improvement Plan Confidential

When faced with performance or disciplinary issues, human resource professionals often turn to use of a performance improvement plan (PIP) as a method to explain to employees problems with their work and expectations for...more

NLRB Does an About-Face: Yes, Employees Can Use Company Email Systems

In 2007, the National Labor Relations Board (NLRB) ruled that employees have no right under the National Labor Relations Act (NLRA) to use their company’s email system for union organizing and other concerted activities...more

Employer beware: NLRA rulings often conflict with existing employer policies

One of the biggest misconceptions employers have is that the National Labor Relations Act (NLRA) only applies to unionized employers. As a result, employers may hear of an adverse ruling from the National Labor Relations...more

Workplace Challenges in 2015, Part 2 of 5: Continued Focus on Social Media Policies That the NLRB Will Endorse

During our workplace privacy segment, our presenters, Mintz Levin attorneys Cynthia Larose and Richard Block, and Vice President, Deputy General Counsel of Time, Inc., Michelle Goldstein, addressed several issues that...more

The NLRB Issues Key Rulings Regarding Employee E-Mail Use, Deferrals To Arbitration, And Representation-Case Procedures

The 2014/2015 holiday season marked a period of change for the National Labor Relations Board (NLRB). First, on December 11, 2014, the NLRB ruled that under Section 7 of the National Labor Relations Act (NLRA) employees can...more

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

NLRB Decision Gives Employees Greater Protection When Using Company Email

In perhaps a surprising reversal of precedent, the National Labor Relations Board, recently held in Purple Communications, Inc. and Communications Workers of America, AFL-CIO (“Purple Communications”), that employees should...more

NLRB Holds That Employees Can Use Company Email for Union and Other Protected Communications

In December, the National Labor Relations Board (“the Board”) held that Section 7 of the National Labor Relations Act (“NLRA”) requires employers to allow employee use of company email, during non-working time, to communicate...more

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