News & Analysis as of

Protected Concerted Activity The National Labor Relations Act Trump Administration

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 -
Sheppard Mullin Richter & Hampton LLP

Scabby Survives Another Trip to the NLRB: Board Reaffirms Rat-and-Banner Displays Targeting Neutral Businesses Are Permissible

On July 21, 2021, the National Labor Relations Board (“NLRB” or the “Board”) issued a 3-1 decision affirming its precedent that displaying banners and a large inflatable rat (“Scabby the Rat”) near neutral employers does not...more

Foley & Lardner LLP

Navigating Through the NLRB’s Recent Decisions

Foley & Lardner LLP on

The following is a summary of key decisions from the National Labor Relations Board (Board) and its Division of Advice during the period in which the Republican Party has controlled the Board under the Trump administration. ...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

Robinson+Cole Manufacturing Law Blog

Thought The Government was Closed? The Manufacturers’ Smorgasbord!

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

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

NLRB Narrows the Scope of NLRA Section 7 Protection for Employee Complaints

On January 11, 2019, the National Labor Relations Board issued an employer-friendly decision in Alstate Maintenance LLC, 367 NLRB 68 (2019), narrowing the scope of protection for employee complaints. In doing so, it reversed...more

Sheppard Mullin Richter & Hampton LLP

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

Dechert LLP

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

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

McAfee & Taft

NLRB reverses course on joint employers and employee handbooks

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

Seyfarth Shaw LLP

Better Watch Your Mouth: Trump Board Likely to Narrow Protection of Vulgar and Racially Bigoted Employee Speech

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

Miles & Stockbridge P.C.

To Kneel or not to Kneel; What is the Question?

Miles & Stockbridge P.C. on

The recent controversy surrounding NFL players kneeling during the National Anthem raises an interesting question concerning the protection of the National Labor Relations Act (NLRA) vis-à-vis work-place protests over social...more

Bradley Arant Boult Cummings LLP

What is going on at the NLRB and Why Should You Care?

Why the NLRB is in the News - The National Labor Relations Board (NLRB or the Board), the federal agency responsible for enforcing the National Labor Relations Act (NLRA), was very active during the Obama administration in...more

Constangy, Brooks, Smith & Prophete, LLP

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

Jackson Lewis P.C.

Top Five Labor Law Developments For July 2017

Jackson Lewis P.C. on

1.The U.S. Senate narrowly confirmed Marvin Kaplan to one of two vacant seats on the National Labor Relations Board on August 2, 2017. Kaplan was sworn in on August 10. Kaplan is a former counsel to the Commissioner of the...more

Smith Anderson

"May Day" Demonstrations are Imminent: Lawful Employer Responses to Advocacy

Smith Anderson on

According to leaders of the Service Employees International Union, the Food Chain Workers Alliance, the Rural Community Workers Alliance and other labor groups, upwards of 350,000 workers are planning on striking or...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - January / February 2017

NEWS & ANALYSIS - Better times ahead at the NLRB, but it may take a while - For nearly eight years, the National Labor Relations Board has been in the majority control of Democratic appointees of President Obama. During...more

Jackson Lewis P.C.

‘A Day Without Immigrants’ National Strike Planned – What Can Employers Do?

Jackson Lewis P.C. on

Activists throughout the U.S., but focused in Washington, D.C., are planning a protest that exhorts employees not to report to work on February 16, 2017, as one measure to demonstrate what a “Day Without Immigrants” can mean...more

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

Protests Move North of the Border? Canadian Employers Responses to a National General Strike

On February 17, 2017, activists opposing the new administration are planning a national general strike, including protests and work stoppages. In light of the growing support for the strike, U.S employers face questions...more

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

Wait . . . Can They Do This? Employers’ Responses to a National General Strike

What began as a rumor has now become a real possibility for significant grassroots action. Activists who oppose President Trump have called for a national general strike on Friday, February 17, 2017. ...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

Jackson Lewis P.C.

Fight for $15 Plans Protests, ‘Civil Disobedience’ on November 29

Jackson Lewis P.C. on

Fight for $15, the four-year-old movement to secure a minimum wage of $15 an hour, has announced plans for demonstrations, strikes, and protests in 340 cities across the country on November 29. Tens of thousands of employees...more

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