News & Analysis as of

Protected Concerted Activity

The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve... more +
The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union.  less -

Employee’s Improper Access To Secured Area Outweighs Right To Engage In Concerted Activity, NLRB Finds

by Jackson Lewis P.C. on

The National Labor Relations Board has held that an employee lost the protection of the National Labor Relations Act when he improperly accessed a secure area of the employer’s hotel, even though he did so in order to engage...more

Restoring “Balance” To The (Work)Force: The Board Clarifies Its Tests To Determine When “Protected Activity” Becomes Unprotected

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Board affirms an employer’s decision to discharge an employee for engaging in dishonesty and a security breach. In the process, it clarifies the legal standards to be used when assessing whether...more

Working Wise: Recent Developments at the NLRB

by K&L Gates LLP on

In this episode, we review recent transitions at the National Labor Relations Board (NLRB) under President Trump, discuss four significant Board decisions issued in late 2017, and highlight what we should expect from the NLRB...more

Impulse Control? NLRB Finds Employee’s Misconduct To Be Deliberate and “Predetermined” and Not Protected

The past few weeks on the Labor Board front have been fairly routine, save for, of course, the high drama associated with the NLRB reversing its own decision (lest anyone think this is a super significant development,...more

NRLB Rules on Google’s Firing of Outspoken Engineer

by LeClairRyan on

A recently released NLRB memo has concluded that Google did not break any labor laws when they fired James Damore. Damore, a senior software engineer, was fired in August after writing and circulating an internal memo that...more

Be Careful What You Say: Not Everything’s O.K.

The National Labor Relations Act (“NLRA”) makes it unlawful to terminate an employee who engages in concerted, protected activity, which generally means that you can say, object and complain, and offer suggestions to your...more

Employee Social Media and Employee Discipline – Caution

by Ruder Ware on

A number of companies have adopted social media policies that address the types of things employees can post on social media even if it is the employee’s private social media page. While companies have the right to protect...more

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Employers Take Note: Labor Board Poised To Reverse Additional Obama-Era Work Rule Interpretations

by Jackson Lewis P.C. on

The National Labor Relations Board has taken another giant step toward repudiating the Obama-era Board’s highly restrictive interpretations of work rules, set forth in Lutheran Heritage-Livonia, 343 NLRB 646 (2004). In...more

Boeing Decision Forges New Balance Between NLRA Rights and Social Media Policies

Under Section 7 of the National Labor Relations Act (NLRA), all employees have a right to engage in protected concerted activity, even if they are not unionized. Such activities include those performed for the mutual aid or...more

NLRB Issues Employer-Friendly Decision Regarding Employee Handbooks

by Reminger Co., LPA on

On December 14, 2017, in The Boeing Company, 365 NLRB 154 (2017), the National Labor Relations Board (“NLRB”) established a new standard for reviewing employee handbook provisions that allegedly restrict an employee’s rights...more

What Does New Employee Handbook Standard Mean?

by Ruder Ware on

Attorney Bob Reinertson wrote recently about a decision of the National Labor Relations Board that significantly changed how the NLRB will review workplace policies and employee handbooks to determine whether they are in...more

National Labor Relations Board Ends 2017 with a Flurry of Significant Decisions Reversing Recent Pro-Employee Precedents

by Dechert LLP on

Abandonment of Controversial Standards for Joint Employment and Review of Employer Policies Headline Slew of Changes - Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor...more

Workplace Civility Legal Again

by Akerman LLP - HR Defense on

Rules mandating workplace civility and protection of confidential business information — recently the target of the National Labor Relations Board — are lawful again....more

Labor Board Sets New Standard For Determining Lawfulness Of Facially Neutral Workplace Rules

by Jackson Lewis P.C. on

The National Labor Relations Board has established a new test for evaluating the lawfulness of an employer’s facially neutral workplace policies and rules. Among the most consequential of the Board’s recent bombshell NLRB...more

NLRB Gives Employers More Leeway To Enforce Work Rules That Could Be Construed To Interfere With Section 7 Rights

by Fox Rothschild LLP on

The National Labor Relations Board has ruled that an employer does not necessarily violate the National Labor Relations Act by maintaining a facially neutral work rule, policy or handbook provision that could be reasonably...more

Dust Off Those Handbooks: NLRB Restores Sanity To Employment Policies

by SmithAmundsen LLC on

Thirteen years ago the National Labor Relations Board issued its decision in Lutheran Heritage Village-Livonia, 343 NLRB 646, which held that facially neutral work rules violated the National Labor Relations Act if employees...more

I-24 – Thankful for Volume 1, 2017, and Relationships

by Cozen O'Connor on

“It’s the Relationships, Stupid.” This final episode of 2017 looks back at the topics and guests from volume 1 of the podcast, and somehow ties former President Bill Clinton to today’s operative premise in employer/employee...more

The NLRB’s General Counsel Rescinds, Revokes and Questions

On December 1, 2017, two weeks after being sworn in, NLRB General Counsel Peter Robb issued his first GC Memorandum. When the General Counsel’s office changes hands from one party to the other, some disruption is expected....more

Handbooks – NLRB Gives Some Control Back to Employers

by FordHarrison on

On December 14, 2017, in a 3-2 decision, the National Labor Relations Board (NLRB or Board) overruled the “reasonably construe” standard it established in Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004), to determine...more

NLRB Flips Rule on Employment Policies

by Holland & Knight LLP on

• In a string of significant decisions, the National Labor Relations Board (NLRB) has indicated a willingness to depart from Obama-era policies and move away from regulating nonunion employers. • The NLRB, in The Boeing...more

NLRB reverses course on joint employers and employee handbooks

by McAfee & Taft on

Whether it’s investigations, interpretations or lawsuits, actions taken by the National Labor Relations Board significantly impact employers and how they run their businesses. Decisions made by the Labor Board can apply to...more

An Early Holiday Gift to Employers: Newly Constituted NLRB Overturns Two Pro-Employee Decisions

by Pepper Hamilton LLP on

On December 14, the Republican-majority National Labor Relations Board (NLRB) issued two employer-friendly decisions that reversed pro-employee rulings. In each 3-2 decision, the two Democratic members of the NLRB — Mark...more

NLRB Reverses Several Obama-Era Decisions; Loosens Grip on Employers

by Hogan Lovells on

In a flurry of decisions late last week, the newly-constituted majority of the National Labor Relations Board (NLRB or the Board) issued a number of decisions that signal a less interventionist approach with respect to the...more

Trump’s NLRB Makes Resolutions for the New Year: Rolls-Back Standards on Handbooks and Joint Employment Status

by PilieroMazza PLLC on

In a flurry of decisions issued last week, the National Labor Relations Board (the “Board” or “NLRB”) overruled several Obama-era precedents, including decisions on handbook policies and joint employer standards. While...more

576 Results
View per page
Page: of 24

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.