NLRB, Employee Misconduct

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

Littler on 7/25/2024

On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more

The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

Sheppard Mullin Richter & Hampton LLP on 7/22/2024

On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more

Lights, Camera, (Legal) Action - Employer Risk Considerations With Employees on Reality TV Shows

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/15/2023

A star of a popular long-running reality TV was fired from her real estate job according to recent news reports over allegations that she used a racial slur during filming of the show. While an investigation into the incident...more

The Practical NLRB Advisor: Fall 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/10/2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided...more

The National Labor Relations Board Tightens Restrictions on Workplace Conduct Policies

Patterson Belknap Webb & Tyler LLP on 8/18/2023

On August 2, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Stericycle, Inc. and Teamsters Local 628 tightening the reins on employer workplace conduct policies. The decision rejects a...more

Manufacturers and Labor Board’s Decision Limiting Employers’ Response to Abusive Workplace Conduct

Jackson Lewis P.C. on 8/7/2023

The National Labor Relations Board has narrowed the rights of employers to discipline employees who, while engaged in protected concerted activity under the National Labor Relations Act, engaged in abusive conduct. Lion...more

Labor Judge Decision Explains Employer Discipline of Employee for Serious Performance Issues

Jackson Lewis P.C. on 6/29/2023

Two important principles under the National Labor Relations Act are worth reiterating to construction employers: first, employees cannot be disciplined for engaging in activity protected by that Act; and, second, employers...more

Employment Flash - June 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 6/23/2023

New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more

Discipline for Offensive or Abusive Conduct Towards Management - What is “Opprobrious” Enough for the NLRB?

Spilman Thomas & Battle, PLLC on 6/22/2023

Employers must be cautious in disciplining employees for offensive or abusive conduct directed at management in the workplace in light of standards recently reestablished by the National Labor Relations Board (“NLRB”)....more

Disciplining employee misconduct: A return to (relative) complexity

McAfee & Taft on 6/22/2023

The decisions of the National Labor Relations Board have always been subject to the change — sometimes shifting pro-employer, sometimes pro-labor — depending on the political composition of its members. Once again, the Board...more

Can You Discipline Employees for Workplace Outbursts? NLRB Says It Depends on the Setting

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/13/2023

Imagine that an employee in a workplace meeting stands up, and in a profanity-laced tirade, calls the manager in the meeting several names not fit for print. Most employers would immediately discipline, if not fire, that...more

NLRB Limits Employers’ Ability to Discipline Employees for Abusive Conduct

Fox Rothschild LLP on 6/1/2023

The National Labor Relations Board issued a decision in Lion Elastomers LLC II on May 1, 2023, reversing General Motors LLC, 369 NLRB No. 127 (2020) and changing the standards related to discipline or discharge of workers who...more

Agency Updates Employers Need to Know

Payne & Fears on 5/19/2023

Federal agencies have kept busy over the past month, with several releasing decisions or guidance directly related to the workplace. Employers should be aware of what these actions mean for the way they conduct their...more

The NLRB Reverses Course (again) on Employee Outbursts and Protected Concerted Activity

Dorsey & Whitney LLP on 5/18/2023

What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?” In many cases, employers can follow their own policy and impose discipline if...more

…But Words Will Never Harm Us? The NLRB Restores Precedent Protecting Abusive Workplace Speech by Employees While They Are Engaged...

Sheppard Mullin Richter & Hampton LLP on 5/15/2023

In a decision that had been anticipated, the National Labor Relations Board (“NLRB” or “Board”) abandoned its short-lived burden-shifting test for determining the legality of employer discipline of employees found to have...more

National Labor Relations Board › Employee Misconduct

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

Lights, Camera, (Legal) Action - Employer Risk Considerations With Employees on Reality TV Shows

The Practical NLRB Advisor: Fall 2023

The National Labor Relations Board Tightens Restrictions on Workplace Conduct Policies

Manufacturers and Labor Board’s Decision Limiting Employers’ Response to Abusive Workplace Conduct

Labor Judge Decision Explains Employer Discipline of Employee for Serious Performance Issues

Employment Flash - June 2023

Discipline for Offensive or Abusive Conduct Towards Management - What is “Opprobrious” Enough for the NLRB?

Disciplining employee misconduct: A return to (relative) complexity

Can You Discipline Employees for Workplace Outbursts? NLRB Says It Depends on the Setting

NLRB Limits Employers’ Ability to Discipline Employees for Abusive Conduct

Agency Updates Employers Need to Know

The NLRB Reverses Course (again) on Employee Outbursts and Protected Concerted Activity

…But Words Will Never Harm Us? The NLRB Restores Precedent Protecting Abusive Workplace Speech by Employees While They Are Engaged...

NLRB Reverses Standard for Firing Employees Who Engage in Labor Confrontations

Top Five Labor Law Developments for April 2023

What the Bleep!?: NLRB Makes it More Difficult to Discipline Employee Outbursts

NLRB Flips (Again), Reinstates Context-Specific Standards For Employee Misconduct

NLRB Makes It Significantly Harder for Employers to Issue Discipline for Workplace Outbursts

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

NLRB Ruling Makes it More Difficult for Employers to Take Action Against Employees for Abusive Conduct

Beltway Buzz - May 2023

NLRB Returns to Liberalized Section 7 Protection for Workplace Misconduct Incidents

NLRB Provides Employees Extra Leeway to Use Offensive Language

National Labor Relations Board › Employee Misconduct

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