News & Analysis as of

Section 7 Offensive Language

Cozen O'Connor

NLRB Makes it Harder to Discipline Employees who Engage in Abusive Behavior

Cozen O'Connor on

In Lion Elastomers LLC, 372 NLRB No. 83 (5/1/2023)(Lion Elastomers), the National Labor Relations Board (NLRB or Board) revisited the issue of what happens when an employee engages in abusive or inappropriate conduct while...more

Husch Blackwell LLP

The Labor Law Insider | Offensive Speech in the Workplace - Part II: Drawing the Line

Husch Blackwell LLP on

In this Labor Law Insider podcast episode, Tom Godar is joined by Husch Blackwell attorney Sonni Nolan and firm alum Kat Pearlstone, as they conclude their exploration on protection of employees' speech under the National...more

Robinson & Cole LLP

NLRB Draws a Line: Polite Picket Lines, Civil Social Media and Courteous Complaining

Robinson & Cole LLP on

Employers are increasingly aware that an inclusive workplace is synonymous with one that does not tolerate abusive conduct, personal attacks or any form of harassment, especially harassment that is based on an employee’s...more

Akerman LLP - HR Defense

Common Sense Finally Prevails: Employers No Longer have to Tolerate Abusive and Offensive Conduct in the Workplace

Your employee has just cursed at you, calling you every racist and/or sexist name in the book. Naturally, that employee must go! Just as you are ready to sign off on the termination, a thought occurs to you: “Uh-oh. He was...more

Stinson LLP

NLRB Updates Framework for Analyzing Discipline Based on Offensive Conduct or Behavior

Stinson LLP on

In its recent General Motors LLC decision, the National Labor Relations Board fundamentally changed its framework for deciding whether employees engaging in offensive conduct or behavior are protected by Section 7 of the...more

Holland & Knight LLP

NLRB Restores Civility to Workplace

Holland & Knight LLP on

In General Motors LLC, the National Labor Relations Board (NLRB) departed from recent cases condoning abusive employee behavior when accompanied by protected activity. (See previous Holland & Knight alert, "Recent NLRB...more

Kramer Levin Naftalis & Frankel LLP

Offensive Employee Outbursts Are Not Protected Activity Under the NLRA

A recent decision by the National Labor Relations Board (NLRB or Board) has modified the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB’s New Decision Cuts Ties Between Abusive Conduct in the Workplace and Protected Conduct

On July 21, 2020, the National Labor Relations Board issued its decision in General Motors LLC, 369 NLRB No. 127 (2020), overruling decades of precedent granting employees considerable freedom to engage in abusive or...more

Dorsey & Whitney LLP

NLRB Empowers Employers to Discipline Employees for Abusive or Offensive Conduct

Dorsey & Whitney LLP on

On July 21, 2020, the National Labor Relations Board (NLRB) (once again) modified its standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements,...more

Pullman & Comley - Labor, Employment and...

Speak No Evil: The NLRB Drops “Setting-Specific” Standards for Cases Involving Abusive Employee Speech Made in the Course of...

The Trump-era National Labor Relations Board has struck again.  On July 21, 2020 in General Motors LLC, 14-CA-197985, 369 NLRB No. 127 (2020), the NLRB overruled longstanding precedent and rejected “setting-specific”...more

Morgan Lewis

NLRB Limits Protection Given to Abusive, Profane, or Offensive Workplace Conduct

Morgan Lewis on

The National Labor Relations Board has finally abandoned its problematic standard around the discipline and discharge of employees who engage in abusive conduct in connection with protected concerted activity. On July 21, the...more

BCLP

“No Matter Why You’re Angry, You Can’t Say That”: NLRB Finally Reins in Abusive Employee Speech

BCLP on

Yesterday, the National Labor Relations Board freed employers to take disciplinary action against abusive speech by employees targeting managers, supervisors, and co-workers. In General Motors LLC, the Board swept away years...more

Benesch

NLRB Makes it Simpler to Discipline Profane or Abusive Employee Conduct

Benesch on

On July 21, 2020, the National Labor Relations Board (“NLRB” or “the Board”) issued its decision in General Motors LLC, 369 NLRB No. 127, reviving the Wright Line test and making it easier for employers to discipline an...more

Obermayer Rebmann Maxwell & Hippel LLP

New NLRB Decision Overhauls Standard for Offensive Employee Outbursts

Prior to Tuesday, July 21, offensive employee conduct committed in the course of otherwise protected activity under the National Labor Relations Act (the “Act”) was more often than not shielded from employer discipline. ...more

FordHarrison

NLRB Updates Standard on Discipline for Offensive Conduct

FordHarrison on

Executive Summary: On July 21, 2020, in a unanimous decision, the National Labor Relations Board (“NLRB” or the “Board”) modified the standard for determining whether employees have been lawfully disciplined or discharged...more

Seyfarth Shaw LLP

Seyfarth Shaw Policy Matters Newsletter - November 2019

Seyfarth Shaw LLP on

Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more

Parker Poe Adams & Bernstein LLP

Supportive Replies to Co-Worker's Profane Email Were Protected Activity

As noted previously in EmployNews, Section 7 of the National Labor Relations Act protects concerted activity by employees who complain about terms and conditions of employment. Obviously, email and social media did not exist...more

Franczek P.C.

Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection

Franczek P.C. on

The National Labor Relations Board (“Board”) is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the...more

Littler

Watch Your Mouth: The NLRB Invites Input on when Profane, Racial, or Sexual Language Crosses the Line

Littler on

On September 5, 2019, over the dissent of one member, a majority of the National Labor Relations Board invited briefing to aid the Board in reconsidering the standards for determining whether “profane outbursts and offensive...more

Seyfarth Shaw LLP

The NLRB Continues to Protect Vulgarity in the Workplace

Seyfarth Shaw LLP on

Seyfarth Synopsis: Just when employers thought they were safe to restrict offensive speech and restore decorum in the workplace, a recent decision by the Board serves as a stark reminder that offensive workplace speech may...more

Dorsey & Whitney LLP

Second Circuit Holds Pro-Union Sentiment Outweighs Impropriety of Profanity-Laden Rant Against Supervisor, His Mother, and “His...

Dorsey & Whitney LLP on

Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of Appeals decision...more

Obermayer Rebmann Maxwell & Hippel LLP

Student-Athletes Strike Back: Will the University of Missouri’s Football Team Strike Reinvigorate the Labor Movement in College...

On Saturday, November 7, 2015, several African American members of The University of Missouri’s varsity football team announced their intention to go on strike—refusing to attend practices, play in scheduled games or...more

Parker Poe Adams & Bernstein LLP

Second Circuit Affirms NLRB View That Facebook "Likes" Are Protected Concerted Activity

Last week, the Second Circuit Court of Appeals backed the National Labor Relations Board’s position that employee social media postings are protected concerted activity under federal law, even if they use obscenities that...more

Brownstein Hyatt Farber Schreck

NLRB Rules 'Vulgar' Union Buttons Allowed

In our prior alerts, we notified you of the National Labor Relations Board’s (NLRB) recent decisions clarifying when, in the current board's estimation, an employer violates Section 7 of the National Labor Relations Act...more

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