News & Analysis as of September 23, 2024

The National Labor Relations Act

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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 -

Viral Layoffs: Important Considerations for Employment Actions in the Digital Age

BakerHostetler on 7/17/2024

Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more

NLRB Judge Finds Nonsolicitation, Noncompete Provisions in Employment Agreement Chilled Protected Activity

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/21/2024

On June 13, 2024, an administrative law judge (ALJ) for the National Labor Relations Board (NLRB) ruled that overly broad noncompete and nonsolicitation provisions in an employment agreement violated an employee’s labor...more

NLRB, First Circuit Consider Black Lives Matter Items in the Workplace

Manatt, Phelps & Phillips, LLP on 5/28/2024

Both the National Labor Relations Board (NLRB) and the First U.S. Circuit Court of Appeals weighed in on employees wearing Black Lives Matter items while at work, with the Board siding with the employee and the federal...more

Union Activity on a Coffee Break? DC Circuit Upholds NLRB’s Decision on Pro-Union Pins and Paraphernalia in Starbucks Case

Bradley Arant Boult Cummings LLP on 4/11/2024

Can you prevent your employees from handing out pro-union paraphernalia if they’re on a paid break? After brewing on the issue, the D.C. Circuit says no, backing baristas in the first of five National Labor Relations Board...more

NLRB Holds Home Depot Broke the Law by Banning “BLM” From Employee’s Apron

Arnall Golden Gregory LLP on 3/5/2024

Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters...more

NLRB Finds That Writing "BLM" on an Employee Uniform is Protected by the NLRA

Baker Donelson on 2/26/2024

In a case issued on February 21, 2024, the National Labor Relations Board (NLRB or the Board) has continued its expansion of the definition of "protected, concerted activity" under Section 7 of the National Labor Relations...more

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

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

U.S. Supreme Court Holds That Employers Can Sue Unions for Damage-Causing Unprotected Strikes

Holland & Knight LLP on 6/6/2023

In Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local 174, No. 21-1449 (sl. op.), the U.S. Supreme Court revisited Garmon preemption. The Court reviewed the Washington state Supreme Court's dismissal of a...more

The Supreme Court Pours Some Concrete on the Right to Strike

Seyfarth Shaw LLP on 6/5/2023

On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort...more

NLRB General Counsel Takes a Stand on Noncompetition Agreements: Employers Beware!

Laner Muchin, Ltd. on 6/1/2023

In a memo issued on May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has taken the position that the offer, maintenance, and enforcement of overly broad noncompetition agreements offered to...more

NLRB Nixes Short-Lived One-Size-Fits-All Approach to Abusive Conduct Cases

Vinson & Elkins LLP on 5/19/2023

Employers (hopefully) are aware that their employees are afforded certain rights under the National Labor Relations Act (the “NLRA” or “Act”), including the right to self-organization, to bargain collectively, and to engage...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

Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for...

BakerHostetler on 5/17/2023

In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more

Are Employee Outbursts Protected Activity? Maybe.

Baker Donelson on 5/16/2023

On Monday, May 1, 2023, in Lion Elastomers, NLRB Case No. 16-CA-190681, the National Labor Relations Board (NLRB or the Board) overturned an employer-friendly precedent dating from 2020 by finding that the termination of an...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

What will that NLRB decision do to separation agreements?

Constangy, Brooks, Smith & Prophete, LLP on 2/24/2023

Two cents from an employment lawyer. My colleague David Phippen wrote an excellent bulletin about this week's McLaren Macomb decision from the National Labor Relations Board, in which the Board ruled that offering...more

NLRB Announces its Focus on Online Tracking Tools Used to Manage Remote Worker Performance

Jackson Lewis P.C. on 2/16/2023

A significant concern for managers of remote workers is the ability to engage, manage and monitor performance and productivity – and some healthcare employers have turned to technologies like tracking employee keystrokes,...more

Electronic Monitoring in the Workplace: NLRB General Counsel Tips the Scale Toward Broadening the Scope of Employee Protections

Venable LLP on 11/30/2022

The COVID-19 pandemic and the attendant shift toward remote work, together with recent technological advances, have drastically expanded the reach of employers' capacity to manage and monitor employees both in and outside of...more

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National Labor Relations Board › Protected Activity › The National Labor Relations Act

Viral Layoffs: Important Considerations for Employment Actions in the Digital Age

NLRB Judge Finds Nonsolicitation, Noncompete Provisions in Employment Agreement Chilled Protected Activity

NLRB, First Circuit Consider Black Lives Matter Items in the Workplace

Union Activity on a Coffee Break? DC Circuit Upholds NLRB’s Decision on Pro-Union Pins and Paraphernalia in Starbucks Case

NLRB Holds Home Depot Broke the Law by Banning “BLM” From Employee’s Apron

NLRB Finds That Writing "BLM" on an Employee Uniform is Protected by the NLRA

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

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

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

U.S. Supreme Court Holds That Employers Can Sue Unions for Damage-Causing Unprotected Strikes

The Supreme Court Pours Some Concrete on the Right to Strike

NLRB General Counsel Takes a Stand on Noncompetition Agreements: Employers Beware!

NLRB Nixes Short-Lived One-Size-Fits-All Approach to Abusive Conduct Cases

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

Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for...

Are Employee Outbursts Protected Activity? Maybe.

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

What will that NLRB decision do to separation agreements?

NLRB Announces its Focus on Online Tracking Tools Used to Manage Remote Worker Performance

Electronic Monitoring in the Workplace: NLRB General Counsel Tips the Scale Toward Broadening the Scope of Employee Protections

Saying The Quiet Part Out Loud: When Employee Talk About “Quiet Quitting” Could Become Protected Speech

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

NLRB Targets More Restrictive Standard for Employee Handbooks and Work Rules

NLRB GC’s Extreme Agenda on Display at ABA Mid-Winter Meeting

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

National Labor Relations Board › Protected Activity › The National Labor Relations Act

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