News & Analysis as of September 19, 2024

National Labor Relations Board › Protected Concerted Activity › Title VII

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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... 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 -

NLRB Upends Context-Specific Tests for Profane Conduct, Folding Such Discipline Into Traditional Motivation Tests For Evaluating...

Proskauer - Labor Relations Update on 7/23/2020

In another long-anticipated decision, on July 21, 2020, in General Motors LLC, 369 NLRB No. 127 (2020), the Board replaced three context-specific rules for determining whether certain abusive conduct committed by employees is...more

A Return to Workplace Civility: The NLRB Adopts the Wright Line Burden-Shifting Approach to Section 7 Speech

Littler on 7/23/2020

During a pandemic, protests, and a polarized election season, employers have walked an ever-increasingly fine line between protecting employee speech in the workplace and enforcing rules on workplace conduct....more

Profane, Racist and Sexist - NLRB Rewrites Rules

Spilman Thomas & Battle, PLLC on 12/27/2019

The National Labor Relations Board ("NLRB") is expected to rewrite its rules protecting employees who violate employers' policies when they use profane, racist or sexist language. In September, the NLRB requested public...more

National Labor Relations Board Reopens Rules Related to Union Activity

Parker Poe Adams & Bernstein LLP on 9/18/2019

The National Labor Relations Board continues its efforts to revisit earlier decisions that expanded protections for employees engaged in concerted or union activities. On September 5, the board announced it is soliciting...more

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

Sheppard Mullin Richter & Hampton LLP on 4/27/2018

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

April 2017: The 13 Biggest Labor And Employment Law Stories

Fisher Phillips on 5/5/2017

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more

Employment Law - October 2015 #2

Manatt, Phelps & Phillips, LLP on 10/19/2015

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

NLRB Divides Sharply on Employee Concerted Activity for “Mutual Aid or Protection”

Proskauer - Labor Relations on 8/19/2014

In a complex, twenty-eight page opinion, a sharply divided NLRB has ruled that when an individual employee seeks assistance from fellow employees with respect to a violation under Title VII (or other workplace laws), the...more

To Be Disrespectful Or Not To Be - That Is The Question

Cozen O'Connor on 2/4/2014

We’ve spent a lot of time talking about how the NLRB continues to have problems with policies and practices that prohibit employees from engaging in vague, undefined behavior that could constitute “protected concerted...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

Reading the Tea Leaves for Employment Law in 2013 (Harry Potter Edition)

Pullman & Comley, LLC on 1/10/2013

In this week’s Connecticut Law Tribune, I filed my annual “forecast” of employment law for 2013. As with the weather forecasts, it is subject to change on a moment’s notice. So drink your “tea” with a grain of salt. ...more

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