News & Analysis as of

Anti-Harassment Policies Protected Concerted Activity

Akerman LLP - HR Defense

Profanity or Protected Speech?

Imagine this, an employee writes profanity (“whore board”) on a company bulletin board, the employer terminates the employee for the profanity, and the National Labor Relations Board (“NLRB”) holds that the employee’s...more

Amundsen Davis LLC

Explicit Graffiti Case Illuminates The Necessity of Consistent and Uniform Enforcement of Anti-Bias Workplace Rules

Amundsen Davis LLC on

In Constellium Rolled Products Ravenswood v. NLRB, the U.S. Court of Appeals for the District of Columbia Circuit addressed the tension between a worker’s Section 7 protected and concerted activity rights under the National...more

Constangy, Brooks, Smith & Prophete, LLP

Nasty language may be protected concerted activity, court says

Non-union employers, this goes for you, too! An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more

Constangy, Brooks, Smith & Prophete, LLP

Employer, Audit Thyself!

Before the coming crackdown. We expect federal agencies under the Biden Administration to move in a not-so-employer-friendly direction as soon as they have a chance to get settled in. While they're still settling in, this...more

Proskauer - Labor Relations Update

NLRB Holds that Leaflet Outlining Consequences for Threatening Workers Is Not Unlawful

In adopting the ALJ’s Recommended Order in S&S Enterprises, LLC d/b/a Appalachian Heating, Case No. 09-CA-235304, the NLRB found that a leaflet distributed by the employer during union organizing efforts, which stated that it...more

Epstein Becker & Green

Tips for Return-to-Work Manager Training - Employment Law This Week®

Epstein Becker & Green on

Manager-specific COVID-19 training is an essential part of ensuring a smooth and compliant return to work. Managers should be reminded of issues such as properly addressing accommodation requests and recognizing protected...more

Fisher Phillips

Let’s Talk Politics: A 5-Step Survival Guide For Dealerships During The 2020 Election Season

Fisher Phillips on

This year has brought unprecedented challenges for dealerships across the country. To top it off, the country will close 2020 with a highly contested presidential election. As a result, this presidential election cycle will...more

Spilman Thomas & Battle, PLLC

Where Does the NLRA Draw the Line Between Harassment and Protected Activity?

As most employers have discovered, Section 7 of the National Labor Relations Act protects employees who engage in “concerted activities for the purpose of collective bargaining,” and it is unlawful for employers to interfere...more

Sheppard Mullin Richter & Hampton LLP

Sticks and Stones…The NLRB Rethinks Its Position on Abusive Workplace Speech by Employees While They Are Engaged in Protected...

On Tuesday, the National Labor Relations Board (NLRB or Board) issued its much-awaited decision in General Motors, LLC (GM), 369 NLRB No. 127 (2020), in which it held that abusive or inappropriate workplace speech by...more

Jaburg Wilk

Politics and the Workplace

Jaburg Wilk on

Categories: Employment, Article The general election is looming, and politics are everywhere. Here is a general overview of the laws that apply to private employers to help them navigate this upcoming political season...more

Sheppard Mullin Richter & Hampton LLP

New York State Legislature Enacts Sweeping Changes to Combat Sexual Harassment

On June 19th, the New York State Senate and Assembly voted to pass omnibus legislation greatly strengthening protections against sexual harassment. While the bill, SB 6577, is still waiting for the Governor’s signature,...more

Bradley Arant Boult Cummings LLP

The Top 5 Dos and Don’ts of Employee Handbooks - Labor & Employment Newsletter

Haven’t updated that employee handbook in a while? Need to review it to make sure it is accurate? What policies actually need to be in a handbook? These are some of the questions that employers regularly face – or at least...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - January 2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Burr & Forman

"WTF", Under the NLRB, Employers Should "Cut the Crap?" The NLRB on Employer Rules, Handbooks, and Increased Employee...

Burr & Forman on

As you have likely seen by now, on March 18, 2015, the National Labor Relations Board Office of the General Counsel ("GC") issued an extensive memorandum offering guidance on employer rules and handbooks. This memorandum...more

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

NLRB Orders Reinstatement of Employees Fired Over Discussion on Facebook

In Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (Dec. 14, 2012), the National Labor Relations Board (NLRB) found that an employer violated section 8(a)(1) of the National Labor Relations Act (NLRA) by firing five...more

Proskauer - Labor Relations

NLRB: Employer’s Harassment Investigation Lawful, But Not Resulting Discipline

As the end of its fiscal year approaches (September 30), the NLRB pushes more decisions out than it has in the last several weeks. Not a whole lot are of note, honestly. There seems to be an uptick of default judgments being...more

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