News & Analysis as of

Protected Concerted Activity › Family and Medical Leave Act (FMLA)

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 -
Amundsen Davis LLC

Does New York’s New Absence Law Prohibit “No-Fault” Attendance Policies? YES, KIND OF!?!?

Amundsen Davis LLC on

On November 21, 2022, New York State Governor Kathy Hochul signed Assembly Bill 8092B, amending the state's labor law to clarify that employers cannot retaliate against employees for “any legally protected absence pursuant to...more

Constangy, Brooks, Smith & Prophete, LLP

Employer, Audit Thyself!

Constangy, Brooks, Smith & Prophete, LLP on

Before the coming crackdown. We expect federal agencies under the Biden Administration to move in a not-so-employer-friendly direction as soon as they have a chance to get settled in. While they're still settling in, this...more

Fisher Phillips

July 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Proskauer - Labor Relations Update

NLRB Division of Advice Releases Deluge of Advice Memoranda Discussing COVID-Related ULP Charges, Confidentiality Rules,...

Proskauer - Labor Relations Update on

On July 15, 2020, the National Labor Relations Board’s (“NLRB”) Division of Advice published 16 Advice Memoranda addressing myriad questions posed by various Regional Offices. While a majority of the Memoranda were drafted...more

Greenberg Glusker LLP

Confronting COVID-19 in the Workplace

Greenberg Glusker LLP on

Employers are faced with critical questions and important legal obligations as they address Coronavirus 2019 (COVID-19) matters in the workplace. While it is impossible to address all potential legal issues in a single client...more

Bradley Arant Boult Cummings LLP

The Top 5 Dos and Don’ts of Employee Handbooks - Labor & Employment Newsletter

Bradley Arant Boult Cummings LLP on

Haven’t updated that employee handbook in a while? Need to review it to make sure it is accurate? What policies actually need to be in a handbook? These are some of the questions that employers regularly face – or at least...more

Cozen O'Connor

III-38- Part 2 on Employee Marijuana Use and Two Key NLRB Developments

Cozen O'Connor on

This episode presents Part 2 of 2 on workplace issues when employees use marijuana, and also discusses two significant developments from the NLRB involving independent contractors and individual employee gripes....more

Cozen O'Connor

II-34- Ten Things You Missed From Summer 2018

Cozen O'Connor on

We're back! This brand new episode addresses the 10 developments you may have missed from this past summer of 2018, including employees secretly recording the workplace, new non-compete legislation, the unstoppable #MeToo...more

Cozen O'Connor

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

Cozen O'Connor on

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Troutman Pepper

Updating Your Employee Handbook for 2016

Troutman Pepper on

Employee handbooks are an important way for employers to communicate rules, expectations and benefits to employees. They also can serve as a way for the company to establish its brand and convey its history and corporate...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Backs Employer on Running of FMLA Statute of Limitations

Parker Poe Adams & Bernstein LLP on

Family and Medical Leave Act contains a two-year statute of limitations for claims of interference with or retaliation against protected employee activity. Last month, the Seventh Circuit Court of Appeals faced questions over...more

Constangy, Brooks, Smith & Prophete, LLP

5 Legal Traps For The Wariest Employer

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You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers...more

Jackson Walker

Ebola and the Workplace: What Employers Need To Know

Jackson Walker on

In light of the Ebola virus outbreak abroad and the recent Ebola cases in the U.S., employers should be aware of the laws implicated in their treatment of employees. Though employment issues related to Ebola may appear to be...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Facebook Postings Showing Misuse of FMLA Leave Can Form Sufficient Legal Basis of Termination

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National...more

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