Anti-Harassment Policies, Unfair Labor Practices

Shifting Landscape: New Laws Significantly Impact Colorado Employers

Holland & Hart LLP on 6/8/2023

During this legislative session, Colorado enacted more protections for employees in the workplace, including redefining what constitutes unlawful harassment, restricting confidentiality agreements, expanding the ability to...more

NLRB Ruling Limits Employers’ Ability to Discipline in Response to Abusive Conduct

Smith Gambrell Russell on 5/8/2023

On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers LLC II, 372 NLRB No. 83 reversing its 2020 ruling in General Motors LLC, 369 NLRB No. 127, and creating an inconsistent...more

Nasty language may be protected concerted activity, court says

Constangy, Brooks, Smith & Prophete, LLP on 8/12/2022

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

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

Proskauer - Labor Relations Update on 12/28/2020

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

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Foley & Lardner LLP on 6/24/2015

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

NLRB General Counsel's Recent Report on Work Rules Tracks Areas to Watch - Employers of Union and Non-Union Work Forces Need to Be...

Holland & Knight LLP on 5/19/2015

For the last several years, the National Labor Relations Board (NLRB or the "Board") has engaged in a well-publicized expansion of scrutiny for employer work rules and has liberally identified those rules that it believes...more