NLRB, Protected Activity, Corporate Counsel

It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances

Proskauer - Labor Relations Update on 2/23/2024

The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on 10/11/2023

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

NLRB Focuses on When Video Cameras Can Create an ‘Unlawful Impression of Surveillance’

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/25/2023

In a decision relevant for employers utilizing video surveillance equipment in the workplace and those considering the installation of video cameras, the National Labor Relations Board (NLRB) concluded that an employer...more

NLRB Administrative Law Judge Rules NLRA Does Not Protect BLM Messaging at Workplace

Fox Rothschild LLP on 6/22/2022

A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the National Labor Relations Act...more

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on 1/31/2022

INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more

NLRB Majority: Employer May Continue “No Recording” Rule, Even After Unlawfully Applying it to Single Employee

Proskauer - Labor Relations Update on 5/18/2021

In AT&T Mobility LLC , 370 NLRB No. 121 (2021), the NLRB majority (Members Ring and Emanuel) held that the Employer could lawfully maintain a workplace policy prohibiting its workers from recording conversations with their...more

Union’s Efforts to Scare Employees From Participating in Employer Investigations Rebuked by the Board

Proskauer - Labor Relations Update on 6/10/2020

On June 5, 2020, the NLRB held, in Teamsters Local Union No. 735-S (Bemis Co., Inc.), 369 NLRB No. 97, that union officials’ retaliatory actions against members who participated in an investigation resulting in the discharge...more

NLRB Overturns Obama-era Initiatives: A Round-Up of the December Decisions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/22/2020

December 2019 brought significant changes to the National Labor Relations Board (NLRB) case law and election procedures. The following highlights a few of those changes as we get into the new year and policy reviews get...more

NLRB Restores Employers’ Right to Restrict Employees’ Personal Use of Company Email and Other IT Resources

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/18/2019

In Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, Case 28-CA-060841 (December 16, 2019), the National Labor Relations Board (NLRB) ruled that employees do not have a statutory right under the National Labor...more

NLRB Further Expands Private Property Rights by Limiting Non-Employee Handbilling

FordHarrison on 8/27/2019

In a 3-1 decision, the National Labor Relations Board (“NLRB” or the “Board”) ruled that a property owner may exclude from its property off-duty contractor employees engaged in Section 7 activity unless (1) those employees...more

Employer’s Discipline of Employees Engaging In “Intermittent Strikes” Lawful: NLRB Majority

Proskauer - Labor Relations Update on 7/31/2019

This summer has been punctuated by walkouts. We have seen walkouts in support of a $15 minimum wage and walkouts to protest the sale of goods to the government. Walking off the job is, of course, a staple of labor action, and...more

NLRB Narrows the Scope of NLRA Section 7 Protection for Employee Complaints

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/23/2019

On January 11, 2019, the National Labor Relations Board issued an employer-friendly decision in Alstate Maintenance LLC, 367 NLRB 68 (2019), narrowing the scope of protection for employee complaints. In doing so, it reversed...more

NLRB Takes First Step to Restore More Limited Definition of “Protected Concerted Activity”

McGuireWoods LLP on 1/15/2019

A 3-1 majority of the National Labor Relations Board announced last week its intent to level set what constitutes “protected concerted activity” given that the Board has over the years “blurred the distinction between...more

NLRB Orders Hospital to Reinstate Former Employee Who Shared Staffing Concerns With Media

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/11/2018

A recent decision by a National Labor Relations Board (NLRB) administrative law judge (ALJ) serves as a good reminder that even nonunion employees in healthcare settings are protected by Section 7 of the National Labor...more

NLRB Says Facebook Comments About Workplace Safety Remain Protected

Parker Poe Adams & Bernstein LLP on 8/15/2018

Despite changes to the composition of the National Labor Relations Board over the past year, the NLRB’s position with regard to protection of employee social media discussions remains unchanged. Last month, the NLRB affirmed...more

The NLRB Continues to Protect Vulgarity in the Workplace

Seyfarth Shaw LLP on 8/6/2018

Seyfarth Synopsis: Just when employers thought they were safe to restrict offensive speech and restore decorum in the workplace, a recent decision by the Board serves as a stark reminder that offensive workplace speech may...more

NLRB Upholds Discharge of Employee Whose Protected Activity Included Intentional Deception

Franczek P.C. on 3/8/2018

On February 28, 2018, the National Labor Relations Board (“Board”) issued an important decision for employers and employees, reminding all that protected activity under the National Labor Relations Act does not always shield...more

Two Employees, Social Media, An Unlawful Policy ... What Could Possibly Go Wrong?

Proskauer - Labor Relations Update on 8/7/2017

The advent of social media resulted in a feverish effort by the NLRB to keep up with new technology. In reality, the legal standard for evaluating whether conduct is protected concerted activity did not change. Rather, all...more

The NLRB is Still in Business – Watch Your Handbooks

Baker Donelson on 6/5/2017

While employers wait to see if the Trump Administration will produce a kinder, gentler National Labor Relations Board (NLRB), the NLRB is still in the business of punishing employers for workplace policies that ostensibly...more

Second Circuit Upholds NLRB Order Finding Grocer’s No Recording Policy Unlawful

McGuireWoods LLP on 6/5/2017

On June 1, the Second Circuit issued a summary order in Whole Foods Market Group, Inc. v. NLRB, affirming the National Labor Relations Board’s order in Whole Foods Market, Inc., 363 NLRB No. 87 (2015), where the Board found...more

Union Adherent’s Antics Not Protected By Act, NLRB Rules

Proskauer - Labor Relations Update on 5/23/2017

The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was...more

NLRB: Warning Coworker that Job is at Risk Inherently Protected Activity

Baker Donelson on 12/13/2016

Earlier this month, the National Labor Relations Board (NRLB) ruled that an employee who was fired after warning a co-worker his job was at risk had engaged in inherently protected activity and must be reinstated. The case,...more

NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech

Seyfarth Shaw LLP on 9/16/2016

Seyfarth Synopsis: A new NLRB decision that attempts to define further the boundaries of protected speech under the NLRA. In Laborers’ International Union of North America and Mantell, Case No. 03-CB-136940 (NLRB...more

Federal ALJ Says Ban on Conducting Personal Business in Handbook Violated NLRA Rights

Parker Poe Adams & Bernstein LLP on 8/9/2016

The National Labor Relations Board continues its assault against standard employment policies considered to interfere with employee rights. This time, a federal administrative law judge accepted the Board counsel’s argument...more

Seventh Circuit Creates Circuit Split on Arbitration Agreements that Prohibit Class or Collective Wage and Hour Claims

Franczek P.C. on 6/2/2016

Recently, the Seventh Circuit Court of Appeals in Chicago held in Lewis v. Epic Systems Corporation that a mandatory agreement between the employer (Epic) and its employees requiring arbitration of wage and hour claims on an...more

National Labor Relations Board › Protected Activity › Corporate Counsel

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