Protected Concerted Activity Unions

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

NLRB atypically 'gets it right' in latest ruling on social media

One of the topics from our recent “Eye on Workplace Privacy” seminar was the focus on how the NLRB has been dealing with employer handbook and social media policies. In that segment, we highlighted how the NLRB at times has...more

Under the FLSA, the NLRB Says Even "Non-Concerted" Activity Can Be Concerted

My colleagues and I have noted repeatedly over the past couple of years that the National Labor Relations Board takes a very expansive view of the National Labor Relations Act, even (and perhaps especially) when the case does...more

Gavel to Gavel: Blurring online

Most employers consider the National Labor Relations Board a federal entity that decides legal issues related to workplace union activities. What many employers don’t realize is the NLRB has authority over any concerted...more

Rumor Has It: Employers Need To Be Wary of “No Gossip” Policies

Although most employers would agree that gossip in the workplace is detrimental to employee morale and productivity, banning it could be a risky proposition. In a recent decision, Laurus Technical Institute, NLRB ALJ, No....more

New NLRB G.C. Plots Activist Course

The General Counsel of the National Labor Relations Board serves important policy-making and prosecutorial decision-making roles. While the “GC” acts independently of the adjudicative “Board” arm of the agency, both, in a...more

General Counsel Urges the National Labor Relations Board to Overturn Current Precedent and Permit Employees to Use Company-Owned...

Last week, an administrative law judge (ALJ) from Region 21 of the National Labor Relations Board (NLRB or the Board) issued a decision addressing two employment policies that the general counsel for the NLRB argued...more

Social Media in the Workplace -- A New Web of Regulations Falls on Employers

Employers with a non-union workforce may be surprised to learn that their non-supervisory employees have legal protections enforced by the National Labor Relations Board (NLRB). The NLRB has recently taken an aggressive...more

The NLRB - More Rapid Fire From An Unauthorized Weapon?

What a quagmire we find ourselves in. Actually, that the NLRB finds itself in. Although continuing to issue rulings and advice memoranda in a sort of free- and unfettered-looking way, the question of the NLRB’s authority to...more

NLRB Finds Discussions With Employees Of Another Employer Can Constitute Protected Activity

As we discussed with participants in our recent Labor and Employment Law Seminar, despite recent setbacks, the National Labor Relations Board continues to issue decisions that are concerning for employers....more

Non-Unionized Employers: The NLRB Commands Your Attention

Many non-unionized employers might be surprised to learn that they, too, are governed by the National Labor Relations Board (NLRB). In fact, in 2012, the NLRB launched a website directed at non-union employees, which details...more

Party Foul! NLRB Orders Reinstatement and Back Pay for Party Bus Guide After Finding Facebook Postings Amount To Protected Union...

Providing yet another example of how online social networking can amount to protected conduct under the National Labor Relations Act, the NLRB ruled earlier this month in New York Party Shuttle, LLC and Fred Pflantzer, CN:...more

NLRB who? Why do I care if I don't have a union?

Most non-union employers think that the National Labor Relations Act is not applicable to their work force. Unfortunately, if that is what you think, your local NLRB office will be happy to point out how wrong you are. As we...more

Social Media in the Workplace – Employers Must Now Comply With Strict NLRB Oversight

Section 7 of the National Labor Relations Act (“NLRA” or the “Act”), 29 USC § 157, protects both union and non-union employees who form, join and assist labor unions, participate in collective bargaining, and engage in “other...more

NLRB Pulls Back A Little More On Policy Frenzy, Finds Code Of Conduct Does Not Violate The Act

As we have seen repeatedly in the last year, the NLRB has taken it upon itself to police employer policies often finding a phrase or two to be a violation of the Act. In recent months we have seen the NLRB seemingly pullback...more

Hospitality Update, No. 1, March 2013: Unions Want Fast Food – Now!

With union membership rates at their lowest level since the National Labor Relations Act (NLRA) was enacted in 1935, organized labor is desperately seeking to attract new members, even if that means targeting new industries...more

Social Media Policies And The NLRB: What Employers Need To Know

Social media policies. Chances are your company has one, is in the process of drafting one, or is worried about not having one. Employees continue to gripe about their jobs and their bosses on Facebook, as states like...more

The National Labor Relations Board 2012 Year in Review

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more

Employers Must Examine Their Employee Agreements For Compliance With The National Labor Relations Act

Recently, an Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) issued a decision in Quicken Loans, Inc., which found confidentiality and non-disparagement provisions to be unlawful under the...more

National Labor Relations Board Issues Decisions Important To All Private Sector Employers

In the waning days of 2012, the National Labor Relations Board (NLRB) issued several game-changing decisions that are important to all private sector employers—both union and nonunion....more

Court Seeks Reasoned Explanation From NLRB

The U.S. Court of Appeals for the D.C. Circuit recently remanded a decision by the National Labor Relations Board (the “Board”) that found an employer had violated the National Labor Relations Act by ordering an employee to...more

Labor & Employment E-Note - January 2013

In This Issue: - NLRB Protects Workers' Rights to Post About Job on Facebook - 6 States Ban Companies from Asking for Social Media Passwords - Health Law Requires Employers to Offer Family Care to All - Fiscal...more

Recent NRLB Decision Continues To Erode Confidentiality Protection for Workplace Investigations

The National Labor Relations Board (NLRB) recently overruled its longstanding precedent that categorically protected confidential witness statements taken during internal disciplinary investigations from disclosure to a...more

Reading the Tea Leaves for Employment Law in 2013 (Harry Potter Edition)

In this week’s Connecticut Law Tribune, I filed my annual “forecast” of employment law for 2013. As with the weather forecasts, it is subject to change on a moment’s notice. So drink your “tea” with a grain of...more

NLRB Continues Its Transformation

Depending on one’s perspective, in recent years the NLRB has either blazed a radical path in favor of unions and individual concerted activity or it is returning to its original role under the National Labor Relations Act...more

NLRB Rules Employer’s Termination of Non-Union Employees for Facebook Posts Violated NLRA

In another decision that affects non-union as well as union employers, the National Labor Relations Board recently ruled that comments posted on Facebook are protected in the same manner and to the same extent as comments...more

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