Protected Concerted Activity

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.

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News & Analysis as of May 24, 2013

Two Key Elements Every Social Media Policy Should Include

The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers

by Alyesha Asghar Dotson | Spilman Thomas & Battle, PLLC on 5/21/2013

In 2012, the National Labor Relations Board (NLRB) set the business community atwitter when an administrative law judge in American Red Cross decided that an at-will disclaimer in an employee handbook violated the National...more

Update On The NLRB Poster Litigation

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/20/2013

As Business Week reports this week, the US Court of Appeals for the District of Columbia struck down the poster requirement created by the National Labor Relations Board. ...more

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

by Chris Brown, Alexandra Stathopoulos, Michael Weil | Orrick - Global Employment Law Group on 5/16/2013

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

Another Foul on Social Media Policies as Judge Rules Policy Too Ambiguous

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

On April 19, 2013, an administrative law judge (ALJ) struck down an employer's policies concerning employees' use of non-work email and media as violating Sections 7 and 8(a)(1) of the National Labor Relations Act (NLRA)....more

Another NLRB Ruling Protects Employee Social Media Complaints Regarding Supervisors

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 5/8/2013

The National Labor Relations Board (NLRB) continues to send a strong message to employers that the right of both union and nonunion employees to engage in protected concerted activity extends to social media communications....more

Employee Motivation For Making a Whistleblower Claim Is Not Relevant Under WPA, MSC Rules

by Leigh Schultz | Miller Canfield on 5/7/2013

An employee’s motivation for making a whistleblower claim is not relevant to his lawsuit under the Whistleblower Protection Act (WPA), the Michigan Supreme Court ruled in Whitman v. City of Burton on May 1....more

Unlawful Limited Access Policies

by Katie Kelly | Fowler White Boggs P.A. on 5/2/2013

The National Labor Relations Board enforces the National Labor Relations Act which provides non-supervisory employees with the right to engage in “concerted activities for the purpose of collective bargaining or other mutual...more

NLRB Affirms ALJ On Facebook Firing Case

by Doug Hass | Franczek Radelet P.C. on 5/1/2013

As we have discussed in several previous alerts, the National Labor Relations Board continues to pursue complaints against employers related to an expanding realm of policies and social media activity. In another recent...more

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

by Jo Ellen Whitney | Davis Brown Law Firm on 4/30/2013

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

NLRB Outlines Employers' Social Media Policy Dos and Don'ts

by Alyesha Asghar Dotson | Spilman Thomas & Battle, PLLC on 4/30/2013

The National Labor Relations Board (NLRB) has become active in scrutinizing and striking down employers’ social media policies. Three times in the last year, the NLRB issued Operations Management Memoranda providing employers...more

The Expanding Law on Employee Use of Social Media

by Stephanie Gironda | Wilentz, Goldman & Spitzer P.A. on 4/29/2013

Employee use of social media, such as Facebook, Twitter, MySpace and other internet social sites, whether at the workplace and during work time or off-duty, can be a minefield for both employees and employers....more

General Counsel’s Division of Advice Issues Helpful Guidance on Confidentiality Rules in Workplace Investigations

by Ronald Meisburg | Proskauer - Labor Relations on 4/24/2013

As we reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the NLRB reviewed an employer’s blanket policy of requiring witnesses to maintain confidentiality during...more

NLRB’s General Counsel’s Division of Advice Issues Helpful Guidance on Banner Health Ban on Blanket Confidentiality Rules in...

by Connie Bertram | Proskauer - Government Contractor Compliance... on 4/23/2013

As Proskauer previously reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the National Labor Relations Board (“NLRB”) reviewed an employer’s blanket policy of...more

Facebook Postings Showing Misuse of FMLA Leave Can Form Sufficient Legal Basis of Termination

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/26/2013

Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National...more

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

by Mark Theodore | Proskauer - Labor Relations on 3/15/2013

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

National Labor Relations Board on Employer Social Media Policies

by Ian Schick Ph.D. | Pillsbury Social Media, Entertainment &... on 3/14/2013

As use of social media continues to increase, so do concerns by employers regarding employee use of social media as it relates to the workplace. In response, many employers are drafting new or revised policies covering use of...more

New Rulings On Social Media Policies May Impact Your Company’s Policy

by Arianna Gleckel | Bean, Kinney & Korman, PC on 3/8/2013

Several of my prior articles have discussed revising a company’s social media policy to create limits as to what employees may post online about the company and/or other employees. In this newly emerging area of law, early...more

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

by Santiago Alaniz | Fisher & Phillips LLP on 3/4/2013

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

Two Key Elements Every Social Media Policy Should Include [Video]

by Fenwick & West LLP on 3/4/2013

The National Labor Relations Board (NLRB) has taken actions to protect employee free speech on social media, and, let’s face it – most, if not all, of your employees have at least one social media account. In consideration of...more

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

by Sheeva J. Ghassemi-Vanni, Saundra Riley, Michael A. Sands | Fenwick & West LLP on 3/4/2013

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

Restricting Outside Communications; How Far Can You Go?

by David Jaqua | Butler, Snow, O'Mara, Stevens and Cannada,... on 3/1/2013

On January 25, 2013, the National Labor Relations Board held that DirecTV's employee handbook contained unlawful rules restricting employees from communicating with media representatives and law enforcement officials and...more

NLRB Orders Reinstatement And Backpay For Employee Who Was Unlawfully Discharged For Discussing Salary Information At Work

by Neil S. Goldsmith | Franczek Radelet P.C. on 2/28/2013

Despite the uncertainty surrounding the legitimacy of the current National Labor Relations Board in the wake of the Noel Canning decision, the Board has continued to issue decisions that have serious consequences for...more

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Protected Concerted Activity

The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers

Update On The NLRB Poster Litigation

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

Another Foul on Social Media Policies as Judge Rules Policy Too Ambiguous

Another NLRB Ruling Protects Employee Social Media Complaints Regarding Supervisors

Employee Motivation For Making a Whistleblower Claim Is Not Relevant Under WPA, MSC Rules

Unlawful Limited Access Policies

NLRB Affirms ALJ On Facebook Firing Case

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

NLRB Outlines Employers' Social Media Policy Dos and Don'ts

The Expanding Law on Employee Use of Social Media

General Counsel’s Division of Advice Issues Helpful Guidance on Confidentiality Rules in Workplace Investigations

NLRB’s General Counsel’s Division of Advice Issues Helpful Guidance on Banner Health Ban on Blanket Confidentiality Rules in...

Facebook Postings Showing Misuse of FMLA Leave Can Form Sufficient Legal Basis of Termination

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

National Labor Relations Board on Employer Social Media Policies

New Rulings On Social Media Policies May Impact Your Company’s Policy

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

Two Key Elements Every Social Media Policy Should Include [Video]

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

Restricting Outside Communications; How Far Can You Go?

NLRB Orders Reinstatement And Backpay For Employee Who Was Unlawfully Discharged For Discussing Salary Information At Work

NLRB Orders Reinstatement of Employees Fired Over Discussion on Facebook

The National Labor Relations Board 2012 Year in Review

What Would Jesus Do?

Two Key Elements Every Social Media Policy Should Include [Video]

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