News & Analysis as of September 18, 2024

Protected Concerted Activity

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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 -

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

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

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

Live-Streaming Coaches: A Lesson on Workplace Recordings

FordHarrison on 11/14/2019

What on earth are these players thinking? We now have our third noteworthy example from the last few years of a player live-streaming his coach’s postgame victory speech on a social media platform....more

Enforcing Civility: The Board's New Boeing Standard Influences a Range of Policies Promoting Positive Workplaces for Employers and...

Littler on 6/19/2018

In The Boeing Co., 365 NLRB No. 154 (2017), the Board approved the maintenance of rules promoting “harmonious interactions and relationships,” and requiring civility in the workplace, as categorically lawful. ...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

EEOC Seeks Input Regarding Proposed Harassment Enforcement Guidance

Smith Debnam Narron Drake Saintsing & Myers,... on 1/26/2017

On January 10, 2017, the United States Equal Employment Opportunity Commission (EEOC) issued proposed enforcement guidance on preventing workplace harassment for which it seeks input before implementation. The deadline for...more

Discipline Based on Social Media Activity – An Update

Zelle LLP on 11/6/2015

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

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

Mintz - Employment, Labor & Benefits... on 8/20/2014

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

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

McNees Wallace & Nurick LLC on 9/9/2013

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

What Some Would Call Harassment, The NLRB Calls Protected Concerted Activity

Pierce Atwood LLP on 1/10/2013

Last month, the National Labor Relations Board (NLRB) issued its latest opinion on the scope of employees’ Section 7 rights while posting on social media sites like Facebook. Hispanics United of Buffalo, which involved the...more

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National Labor Relations Board › Harassment › Protected Concerted Activity

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