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Protected Concerted Activity › The National Labor Relations Act › Misclassification

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 -
Husch Blackwell LLP

Biden's NLRB Targeting Employee Misclassification as Independent ULP

Husch Blackwell LLP on

The National Labor Relations Act (Act) protects employees’ right to unionize (and not unionize), and to engage in other “protected concerted activity.” These are basic rights guaranteed to employees under Section 7 of the...more

Fisher Phillips

Protected Concerted Athletic Activity? Labor Memo Calls for Employee Status for College Athletes

Fisher Phillips on

A new memo from the National Labor Relations Board (NLRB) could pave the way for student-athletes at private universities to unionize, or at least fall within the jurisdiction of the NLRB when engaging in concerted activity....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

A Resurrected PRO Act Could Pay Dividends For Big Labor This Time Around

Fisher Phillips on

As we recently forecasted, the House of Representatives has reintroduced a bill designed to radically transform the labor relations landscape, substantially tilting the playing field towards organized labor. The “Protecting...more

Fisher Phillips

September 2020: The Top 16 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

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

Sheppard Mullin Richter & Hampton LLP

An Employer’s Erroneous Announcement To Employees Declaring Them Independent Contractors Does Not, Standing Alone, Violate The...

Sheppard Mullin Richter & Hampton LLP on

Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the...more

Fisher Phillips

January 2019: The Top 16 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

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

Robinson+Cole Manufacturing Law Blog

Thought The Government was Closed? The Manufacturers’ Smorgasbord!

Robinson+Cole Manufacturing Law Blog on

This week’s post is somewhat breathless because so much happened or is about to happen. You may have thought the government has been closed for the past 35 days. But just like great magicians who get you to watch their right...more

Littler

These Foolish Things – The Oddest Employment Issues of the Past Year

Littler on

Even outside the Capital Beltway, this has been a strange year. Those of us who handle labor and employment issues everyday often think we’ve seen it all—only to be proven wrong time and again. As April Fools’ Day approaches,...more

McGuireWoods LLP

Labor Relations Today: 2016 Year In Review

McGuireWoods LLP on

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Lewitt Hackman

The Curious Case of Employment Arbitration Agreements

Lewitt Hackman on

Oh boy, what a year 2016 is shaping up to be! Employers faced some daunting changes to: Sick Leave, California Minimum Wage, the DOL final rule re salary thresholds and now – class action waivers. We feel like doing a Liz...more

Seyfarth Shaw LLP

And Now There Are Two: The Ninth Circuit Strikes Class Arbitration Waivers Joining the Seventh Circuit on Finding that these...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Ninth Circuit joined the Seventh Circuit and the NLRB in finding that mandatory arbitration agreements that require all claims to be brought by employees on an individual basis violate the NLRA. On...more

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