News & Analysis as of September 18, 2024

Protected Concerted Activity › Off-Duty Employees

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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 -

Political Speech in the Workplace: Strategic Considerations for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/13/2024

Political speech in the workplace has become a growing concern for employers in recent years. The polarized political climate, combined with the increasing use of social media and digital communication, has amplified the...more

Ja Morant’s Suspension: Key Takeaways For Handling An Employee’s Off Duty Misconduct

FordHarrison on 4/12/2023

On March 20, 2023, following an eight-game suspension, Memphis Grizzlies’ two-time All-Star point guard, Ja Morant, returned to play in a NBA basketball game against the Houston Rockets. Grizzlies’ fans welcomed back Morant...more

NLRB Provides Off-Duty Contractor Employees With Property Access to Engage in Section 7 Activity

Sheppard Mullin Richter & Hampton LLP on 1/4/2023

On December 16, 2022, the National Labor Relations Board (“NLRB” or “Board”) abandoned the employer-friendly access standard for off-duty employees of an onsite contractor that was adopted under the Trump Administration in...more

NLRB Opens the Door for Contract Workers to Engage in Off-Duty Section 7 Activities Wherever They Work

Epstein Becker & Green on 12/26/2022

On December 16, 2022, the National Labor Relations Board (”Board”) issued its decision in Bexar County II, which restricts the right of property owners to deny off-duty contract workers access to the property for the purpose...more

NLRB loosens standard for letting off-duty contractor employees engage in protected activity on third-party premises

Constangy, Brooks, Smith & Prophete, LLP on 12/20/2022

On Friday, the National Labor Relations Board, in a 3-2 decision in Bexar County Performing Arts Center Foundation II, changed the standard applicable to property owners seeking to restrict off-duty, outside contractor...more

Reopening safely after COVID-19

Ruder Ware on 7/28/2020

You are excited to get back to work! However, a few of your employees are not so eager to shed their jammies for pleated pants or steel-toed shoes. Can you force them to return? On the other hand, some employees who are happy...more

NLRB Continues Trend to Protect Employer Property Rights

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/12/2019

Coming on the heels of its decision in Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019) in which the Board rebalanced the rights of property owners versus...more

NLRB Continues to Define Employer Ability to Protect Property and Access; Overturns Union-Friendly Precedent

Benesch on 9/10/2019

On Friday, September 6, 2019, the National Labor Relations Board (the “Board”) issued its third decision of the summer regarding employers’ ability to restrict access by nonemployees to its property (see prior analysis: Board...more

NLRB Handbook Rules Change Like the Wind Post-Boeing

Vedder Price on 7/10/2018

On June 6, 2018, the Office of the General Counsel of the National Labor Relations Board (“the NLRB” or “the Board”) published its most recent memo concerning employer handbook policies. The memo’s guidance reflects a stark...more

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

Sheppard Mullin Richter & Hampton LLP on 4/27/2018

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

Dorsey & Whitney LLP on 11/13/2017

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Employer Discretion to Terminate Employees for Off-Duty Conduct in the Age of Charlottesville

Clark Hill PLC on 9/1/2017

Before the rise of social media, employees' off-duty conduct was generally unknown to an employer, even if that conduct involved violence or unlawful conduct. On August 12, 2017, it took mere hours before the participants in...more

What Can A California Employer Do About Off Duty Conduct?

Fox Rothschild LLP on 8/21/2017

The news is full of stories of employers taking action, or allegedly not taking sufficient action, for employee off duty conduct. The issues are vast and varied, ranging from communicating views about coworkers’ intellectual...more

Digital Disruptions: Handling Social Media Misuse By Students And Educators

Fisher Phillips on 7/15/2017

Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

NLRB Finds “No Loitering” Policy Unlawful

Saul Ewing LLP on 5/18/2017

Many employers assume that they have broad authority to control off-duty employee access to employer property. A recent ruling by the National Labor Relations Board (NLRB) may require a second look at “No Loitering” policies....more

Dear Littler: Can A Boss Fire Someone for Off-Duty Political Activities?

Littler on 1/20/2017

Dear Littler: I saw one of my employees on the local news the other night participating in a political rally over the weekend. We try to maintain a tension-free workplace. Can I discipline him for this conduct? Can I at least...more

The Great Debate: Policing Politics in the Office

Obermayer Rebmann Maxwell & Hippel LLP on 7/21/2016

With the Republican National Convention well underway and the Democratic National Convention set to begin in Philadelphia on July 25, 2016, the workplace is abuzz with political discussions, a flood of political memes and...more

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Protected Concerted Activity › Off-Duty Employees

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