News & Analysis as of September 23, 2024

Protected Concerted Activity › Public Comment

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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 -

Profane, Racist and Sexist - NLRB Rewrites Rules

Spilman Thomas & Battle, PLLC on 12/27/2019

The National Labor Relations Board ("NLRB") is expected to rewrite its rules protecting employees who violate employers' policies when they use profane, racist or sexist language. In September, the NLRB requested public...more

NLRB Seeks Public Comment on Offensive Language in the Workplace

Bass, Berry & Sims PLC on 9/19/2019

Can language in the workplace, even if uttered during otherwise protected conduct, lose its “protected” status under the National Labor Relations Act (NLRA) because the language is too offensive? The answer is, generally,...more

NLRB Extends Deadline for Amici to Address Purple Communications Ruling

Polsinelli on 9/5/2018

On August 31, 2018, the National Labor Relations Board (“NLRB” or “Board”) extended the deadline for public comment regarding whether the Board should revisit its 2014 ruling in Purple Communications, 361 NLRB 126 (2014). ...more

Non-Union Employers Beware: Your Employee Handbook May Violate Employees’ Rights

Carlton Fields on 5/12/2017

Can a company prohibit its employees from participating in public writing or speaking engagements without prior company authorization? What about speaking to the press or media? Such policies are common and routinely included...more

EEOC Seeks Input Regarding Proposed Harassment Enforcement Guidance

Smith Debnam Narron Drake Saintsing & Myers,... on 1/26/2017

On January 10, 2017, the United States Equal Employment Opportunity Commission (EEOC) issued proposed enforcement guidance on preventing workplace harassment for which it seeks input before implementation. The deadline for...more

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