News & Analysis as of

Protected Concerted Activity The National Labor Relations Act Anti-Discrimination Policies

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 -
FordHarrison

Maintaining a Harmonious Workplace…With One Hand Tied Behind Your Back

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Executive Summary: On May 1, 2023, the National Labor Relations Board (NLRB or the Board) handed down a decision illustrative of its view that workers’ rights under the National Labor Relations Act (NLRA or the Act) hold a...more

Jackson Lewis P.C.

Labor Board General Counsel Announces ‘Vigorous Enforcement’ Of Protected Concerted Activity Charges

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) Acting General Counsel Peter Sung Ohr (AGC) has announced in a memorandum that his office will return to “vigorous enforcement” of employee rights under Section 7 rights of the...more

Spilman Thomas & Battle, PLLC

Where Does the NLRA Draw the Line Between Harassment and Protected Activity?

As most employers have discovered, Section 7 of the National Labor Relations Act protects employees who engage in “concerted activities for the purpose of collective bargaining,” and it is unlawful for employers to interfere...more

Proskauer - Labor Relations Update

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

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

Littler

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

Littler on

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

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

Parker Poe Adams & Bernstein LLP

NLRB Distinguishes Between Protected and Unprotected Criticism of Diversity Policies

In a well-publicized incident in 2017, Google terminated an employee who circulated a memorandum opposing the company’s diversity program. The employee claimed that innate differences between the sexes made females less...more

Obermayer Rebmann Maxwell & Hippel LLP

The Great Debate: Policing Politics in the Office

With the Republican National Convention well underway and the Democratic National Convention set to begin in Philadelphia on July 25, 2016, the workplace is abuzz with political discussions, a flood of political memes and...more

Troutman Pepper

Updating Your Employee Handbook for 2016

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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

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