NLRA, Harassment | JD Supra

#NoFilter: Outside-of-Work Social Media Posts Can Create a Hostile Work Environment

Cozen O'Connor on 8/16/2024

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. Those bygone times, however, have been replaced by a...more

10 social media tips for employers and employees

Constangy, Brooks, Smith & Prophete, LLP on 6/28/2024

Want to stay out of trouble? Read on! Did you know that this Sunday will be "Social Media Day"? Neither did I. But even after all this time, social media continues to get employees and employers in trouble. Here are six...more

Beltway Buzz - June 2024

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/10/2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

NLRB Embraces ’Animal Exuberance’ & Rejects Title VII

Sherman & Howard L.L.C. on 5/2/2023

Employees who utter racial epithets, launch outbursts, and otherwise engage in harassing, disruptive, or offensive behavior are once again protected by the National Labor Relations Act (“Act”). The National Labor Relations...more

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Spilman Thomas & Battle, PLLC on 4/6/2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Profanity or Protected Speech?

Akerman LLP - HR Defense on 8/30/2022

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

Hashtags and Headlines: The Rise of Social Media

Venable LLP on 1/20/2022

Social media platforms continue to be a useful way to share information, keep in touch with friends and family, and even promote an independent school; however, they also can continue to create headaches for independent...more

Federal Agencies Are Teaming Up to End Workplace Retaliation

Woods Rogers on 11/29/2021

The National Labor Relations Board (NLRB), U.S. Department of Labor (DOL), and U.S. Equal Employment Opportunity Commission (EEOC) announced a joint initiative to raise awareness about retaliation issues when workers exercise...more

Addressing And Preventing Inappropriate ‘Shop Talk’

Jackson Lewis P.C. on 10/28/2020

In a manufacturing environment, employees often work near each other, and the level of noise can cause conversations to go unheard by others not in the immediate vicinity. Like the quintessential example of “locker room...more

Understanding Employers’ Right To Impose Limits On Political Activities In The Workplace

Husch Blackwell LLP on 10/27/2020

As the 2020 general election approaches with many employees working remotely and participating on social media platforms, employers can anticipate that employees will engage in political speech and activity in the workplace....more

SuperVision - Labor and Employment Law Insights: Issue 2, September 2020

Spilman Thomas & Battle, PLLC on 9/5/2020

The Editors' Note - Welcome to this edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Law Group. 2020 continues to bring unforeseen challenges, but employers are beginning to get back...more

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

Robinson & Cole LLP on 8/24/2020

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

The NLRA, Protected Activity, and the F-Bomb

Bradley Arant Boult Cummings LLP on 12/3/2019

When, if ever, is swearing at your supervisor or coworkers a federally protected activity? The National Labor Relations Board (Board) currently is reconsidering what constitutes protected activity under the National Labor...more

EEOC Urges NLRB To Let Employers Prevent, Punish Harassment

Constangy, Brooks, Smith & Prophete, LLP on 11/8/2019

A change may be coming. The "N" word. Referring to women in pornographic terms. Ethnic slurs. This is "harassment" under almost all company policies, and it can violate the law, as well. At least one federal appeals court...more

Striking the Right Balance in Workplace Behavior and Privacy

Burr & Forman on 10/6/2017

Employers often struggle with the balance between effective employee management and oversight and respect for employee privacy in the workplace. Striking the right balance is a difficult task for employers seeking to uphold...more

Dear Littler: Can We Discipline An Employee Who "Took a Knee" During the Anthem?

Littler on 10/4/2017

Dear Littler: I work for a prominent company in a small city here in the Hoosier State, and we are very involved in our local community. We sponsor a corporate softball team, and last night one of our team members “took a...more

8th Circuit Panel Rules NLRA Protects Picketing Employee’s Racist Remarks

Bass, Berry & Sims PLC on 8/25/2017

In an article published earlier this year, I asked the question whether the National Labor Relations Act (NLRA) protects racist insults. In a decision rendered on August 8, 2017, a majority of an Eighth Circuit panel, over a...more

Political Speech, Discrimination and the Law: How Employers Should Respond to Charlottesville

Obermayer Rebmann Maxwell & Hippel LLP on 8/23/2017

The recent tragic events in Charlottesville, Virginia and other news regarding the activities of white supremacists and similar groups, have served as a rude awakening for many that our national reality has shifted. These...more

The NLRB/EEOC Landmine – When Does Offensive Speech Amount to Protected Activity?

Bradley Arant Boult Cummings LLP on 8/17/2017

Employers need to be on the lookout for instances of offensive employee speech, which may put them between a rock and a hard place as they navigate potential claims under either anti-discrimination laws or federal labor laws....more

Politics in the Workplace

Baker Donelson on 5/25/2017

Employees are complaining that they are being discriminated against or harassed by management or other employees based on their political beliefs because an employee's political beliefs may relate to, or be intertwined with,...more

Employment Law Navigator – Week in Review: May 2017

Zelle LLP on 5/2/2017

Last week, we saw several developments in the area of race discrimination in employment, including a Second Circuit decision that has generated media coverage and commentary. The Second Circuit’s ruling reversed a lower court...more

Will The NLRB’s Protection of Unacceptable Conduct Last?

Akerman LLP - HR Defense on 3/14/2017

It’s ironic, isn’t it? While the EEOC could find an employer liable for tolerating racist or sexist remarks by employees, the NLRB has repeatedly found employers liable for failing to do so under the guise of protecting...more

Addressing Post-Election Tensions in the Workplace

Littler on 11/21/2016

As the extreme rhetoric of the 2016 presidential campaign slowly wanes, the divisions it exposed remain raw. Many Americans celebrate the election of President-elect Trump, while many others continue to express concern about...more

EEOC's Select Task Force Study of Harassment Provides Robust Training Guidance

Foley & Lardner LLP on 7/7/2016

Last month the EEOC’s Select Task Force on the Study of Harassment in the Workplace issued a long-awaited report. That report is a four-part, 88-page document — meaning digesting the report is a hefty task. Fortunately, the...more

Employment Law - June 2016 #3

Manatt, Phelps & Phillips, LLP on 6/30/2016

LA Doubles Down on Sick Leave, Minimum Wage Increase - Why it matters - Already facing new California employment-related requirements—including the adoption of mandatory sick leave and an uptick in the minimum...more

The National Labor Relations Act › Harassment

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