News & Analysis as of

Protected Concerted Activity The National Labor Relations Act Section 7

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 -

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

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

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 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

The NLRB Reframes The Standard For Review Of Employer Handbooks

by Cole Schotz on

In a monumental decision last week, the National Labor Relations Board (“NLRB” or the “Board”) overruled 13 years of precedent and reframed the test for determining whether “facially neutral” employer handbooks, rules, and...more

New NLRB Majority Calls off the War on Employee Handbooks

by Littler on

On December 14, 2017, the National Labor Relations Board issued an important decision in The Boeing Co., 365 NLRB No. 154 (2017), where the Board’s new three-member majority established a new standard for evaluating the...more

The Board’s Return to Civility and Common Sense Regarding Workplace Rules

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a decision issued late last week, The Boeing Company, 365 NLRB No. 154 (Boeing), the newly constituted “Trump” National Labor Relations Board (“Board”) announced that employers could once again maintain...more

The Way We Were: The NLRB’s Time Machine Resets the Clock on Employer Work Rules and Joint Employer Status

by Dickinson Wright on

With the end of 2017 right around the corner, the National Labor Relations Board (NLRB or Board) issued a duo of pro-employer decisions that continue to chip away at and erase its jurisprudence during the Obama...more

NLRB Adopts New Test for Evaluating Workplace Policies

by Ballard Spahr LLP on

On the eve of former Chairman Philip Miscimarra's departure from the National Labor Relations Board (NLRB), the Board Thursday created a new test for determining the lawfulness of workplace policies, overturning the test...more

A Holiday Gift for Employers: NLRB Hands Down New Book for Employee Handbooks

by Faegre Baker Daniels on

In a 3-2 decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), the National Labor Relations Board (Board) backed away from 13 years of employee-friendly precedent concerning rules, policies and handbooks by...more

Striking A New Balance – The NLRB Abandons the Lutheran Heritage Test and Devises a New Standard for Assessing the Facial Validity...

In 2004, the National Labor Relations Board (NLRB) issued Lutheran Heritage Village-Livonia, 343 NLRB 646 (“Lutheran Heritage”), and held that the mere maintenance of a neutral work rule violated Section 8(a)(1) of the...more

Handbook Wars – Common Sense Returns NLRB Overhauls Standard for Legality of Work Rules

by Proskauer - Labor Relations on

We have noted many times over the years how the NLRB’s zeal to review employer policies, or more correctly, fragments of employer policies, for lawfulness has led to nettlesome issues that rarely, if ever, involve actual...more

National Labor Relations Board Overrules Lutheran Heritage; Sets New Standard For Reviewing Work Rules Unrelated to Protected...

by McGuireWoods LLP on

As is often the case when a Board Member’s term winds down, this week has seen a flurry of activity. Back in May, when nominations to seat a full Board were still just being rumored, we identified a handful of the more...more

Three Hot Regulatory Issues For Employers To Watch

The feds are talking about NLRB-EEOC coordination, an end to collection of compensation data, and an inflation-indexed salary test for the overtime exemption. Here's the scoop. NLRB/EEOC coordination. The National Labor...more

Dallas Cowboys Controversy Highlights Trap for Union and Non-Union Employers

by Barley Snyder on

Dallas Cowboys owner Jerry Jones publicly announced recently that he would bench any player who kneels during the national anthem. As a lifelong Cowboys fan, the flap momentarily diverted my attention from the Cowboys’...more

Employer Discretion to Terminate Employees for Off-Duty Conduct in the Age of Charlottesville

by Clark Hill PLC on

Before the rise of social media, employees' off-duty conduct was generally unknown to an employer, even if that conduct involved violence or unlawful conduct. On August 12, 2017, it took mere hours before the participants in...more

Executive Labor Summary - July / August 2017

NEWS & ANALYSIS Changing of the guard at the NLRB: Two steps forward, and one step back - One of President Trump’s nominees for the National Labor Relations Board, Marvin E. Kaplan, was confirmed by the Senate on August 2...more

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