News & Analysis as of September 19, 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 -

EEOC Releases Draft Enforcement Guidance on Workplace Harassment and Invites Comment

Seyfarth Shaw LLP on 10/12/2023

Seyfarth Synopsis: On October 2, 2023, the Equal Employment Opportunity Commission (“EEOC”) published notice of its “PROPOSED Enforcement Guidance on Harassment in the Workplace” (“draft enforcement guidance”) in the Federal...more

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

Husch Blackwell LLP on 10/27/2020

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

Long Awaited – Abusive Conduct Is Not Protected Activity

Husch Blackwell LLP on 7/24/2020

On July 21, 2020, the NLRB released the decision General Motors LLC and Charles Robinson (GM) which is significant not only for its substance but for its timing. The GM decision held that abusive conduct and speech is not...more

NLRB Makes It Easier For Employers To Take Action Against Offensive Employee Conduct – Even In The Course Of Protected Activity

Amundsen Davis LLC on 7/23/2020

In a decision issued yesterday, General Motors LLC, 369 NLRB No. 12 (2020) , the National Labor Relations Board declared that “[it] will no longer stand in the way of employers’ legal obligation to take prompt and appropriate...more

Labor Board Sets New Standard For Determining When Abusive Workplace Conduct Is Unprotected

Jackson Lewis P.C. on 7/23/2020

In a sweeping decision that overrules several of their precedents, the National Labor Relations Board (NLRB) has decided that it no longer will apply “setting-specific” standards for determining when an employee’s abusive...more

Yo Momma Smack Down - Where are we on that whole civility thing?

Dentons on 10/18/2019

There are days when the workplace can feel a lot like a third-grade playground with kids running back and forth, bruised feelings, tearful meltdowns, and a real and apparent need for a nap and a snack. We also continually...more

Don’t Call It A Comeback: The “Return” Of Workplace Civility Rules

Fisher Phillips on 3/7/2018

Dear Susan, I have to tell you about a situation that has been occurring between John and myself. But it’s not what you think! Well, maybe it is. I don’t know. I’m hoping that, as our supervisor, you can help me. To put it...more

I-23- Stunning End-Of-Year NLRB Developments: An Extensive Interview With Former NLRB Associate General Counsel Barry Kearney

Cozen O'Connor on 12/22/2017

Thought 2017 would end quietly? The month of December has seen several stunning decisions by the NLRB which impact Obama-era precedent, and which will impact employers and employees going forward in 2018. Joining this episode...more

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