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National Labor Relations Board › Harassment › The National Labor Relations Act

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2024

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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

Sherman & Howard L.L.C.

NLRB Embraces ’Animal Exuberance’ & Rejects Title VII

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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

Spilman Thomas & Battle, PLLC

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

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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

Akerman LLP - HR Defense

Profanity or Protected Speech?

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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

Woods Rogers

Federal Agencies Are Teaming Up to End Workplace Retaliation

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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

Husch Blackwell LLP

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

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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

Spilman Thomas & Battle, PLLC

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

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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

Robinson & Cole LLP

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

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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

Bradley Arant Boult Cummings LLP

The NLRA, Protected Activity, and the F-Bomb

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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

Constangy, Brooks, Smith & Prophete, LLP

EEOC Urges NLRB To Let Employers Prevent, Punish Harassment

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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

Bradley Arant Boult Cummings LLP

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

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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

Baker Donelson

Politics in the Workplace

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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

Akerman LLP - HR Defense

Will The NLRB’s Protection of Unacceptable Conduct Last?

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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

Manatt, Phelps & Phillips, LLP

Employment Law - June 2016 #3

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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

Seyfarth Shaw LLP

A Call For Harmony Between The EEOC And NLRB’s Rules Concerning Prevention And Investigation Of Workplace Harassment

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Seyfarth Synopsis: The EEOC’s Select Task Force on the Study of Harassment in the Workplace offers insight into how employers’ harassment prevention policies can change for the better and, in furtherance of this desire for...more

Littler

Labor & Employment Issues Facing the Healthcare Industry

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Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

Zelle LLP

Discipline Based on Social Media Activity – An Update

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Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

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

The Employment Law Authority - September/October 2015

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On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more

Zelle LLP

That is SO last week - October 2015 #4

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Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

Morrison & Foerster LLP

Employment Law Commentary -- Volume 26, Issue 8 -- August 2014: The Death of Courtesy And Civility Under The National Labor...

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In January 2013, we reported on the increasing focus of the National Labor Relations Board (NLRB or the “Board”) on employer policies and rules in non-unionized workplaces. The NLRB has continued in full force, creating more...more

Mintz - Employment, Labor & Benefits...

National Labor Relations Board Majority Holds That Seeking Co-Worker Assistance with an Individual Harassment Complaint is...

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Last week, the NLRB took an exceptionally broad view of what constitutes “concerted activity” and what kind of efforts are aimed at “mutual aid or protection” under the National Labor Relations Act. For employers, this could...more

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

The Employment Law Authority - May/June 2014

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In This Issue: - Immigration. New proposal aimed at attracting highly-skilled immigrants. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. J. Hamilton Stewart and Matthew...more

Greenberg Glusker LLP

At Least The Unicorn Won’t Sue You

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When not writing about the legal issues raised by my favorite TV shows, most of this blogger’s Law Law Land blogs have involved either employment law or social media issues. So you can imagine my sheer delight when the news...more

McNees Wallace & Nurick LLC

Transportation, Distribution & Logistics Alert: September 2013 - NLRB's New Ruling Could Spell Trouble in Harassment...

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In a recent ruling, the National Labor Relations Board (“NLRB”) has expressed the view that telling employees that they may not discuss an internal investigation may violate an employee’s Section VII rights. In Banner Health...more

Dechert LLP

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in the United States

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U.S. Supreme Court Decisions - Court Limits Definition of “Supervisor” Under Federal Anti-Discrimination Law - In Vance v. Ball State University (June 24, 2013), in a 5-4 decision, a majority of the Supreme...more

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