News & Analysis as of

Reversal Protected Concerted Activity

Stokes Wagner

Abusive or Offensive Language is No Longer Protected Activity Says the NLRB In Its Recent Ruling

Stokes Wagner on

Under the National Labor Relations Act, workers engaging in a “concerted activity” with other employees, such as a union organizer or representative discussing conditions of employment with an employer, qualifies as a...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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

Spilman Thomas & Battle, PLLC

NLRB Clears the Purple Haze Around Employee Use of Employer E-mail

The NLRB reversed the controversial holding in Purple Communications, which allowed employees to use their employer's e-mail system during non-working hours to engage in Section 7 protected discussions regarding wages, hours...more

Sheppard Mullin Richter & Hampton LLP

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

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

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

Fisher Phillips

Labor Board Makes It Harder For Employees To Claim Their Complaints Are Protected

Fisher Phillips on

In a 3-1 ruling that should be hailed by employers across the country, the National Labor Relations Board just made it harder for employees to successfully claim that their workplace gripes constitute protected concerted...more

Spilman Thomas & Battle, PLLC

The Case for Class - Class Action Waivers in Arbitration Agreements

Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more

Proskauer - Labor Relations Update

Impulse Control? NLRB Finds Employee’s Misconduct To Be Deliberate and “Predetermined” and Not Protected

The past few weeks on the Labor Board front have been fairly routine, save for, of course, the high drama associated with the NLRB reversing its own decision (lest anyone think this is a super significant development,...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

Parker Poe Adams & Bernstein LLP

NLRB Affirms Employer's Right to Terminate Employees Who Disparaged Company's Food Safety Practices

Over the past several years, we have reported on a seemingly never-ending series of National Labor Relations Board (NLRB) decisions proclaiming a variety of abusive employee practices as protected behavior under federal labor...more

Bradley Arant Boult Cummings LLP

Concerted Activity or Insubordination?

With its recent decision in Central States SE and SW Areas, Health & Welfare and Pension Funds, 362 N.L.R.B. No. 155, 203 LRRM 2082 (August 4, 2015), the National Labor Relations Board (“NLRB” or “Board”) has provided another...more

Sherman & Howard L.L.C.

Common Sense Trumps NLRB, For Once

If the NLRB has a consistent adversary, it is common sense. And so, it was a bad sign for the NLRB when the District of Columbia Circuit Court of Appeals began its review of a recent NLRB Order with the following line:...more

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