NLRB, Off-Duty Employees

Yes, you can be liable for your employee’s online posts!

Dorsey & Whitney LLP on 10/1/2024

You might think what happens outside the workplace stays outside the workplace, but as the Ninth Circuit recently ruled, you can be sued by one employee for what another employee posts online....more

When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected...

Proskauer - Labor Relations Update on 9/4/2024

On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside...more

Top 10 Legal Challenges for Employers

ArentFox Schiff on 4/23/2024

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

NLRB’s General Counsel Says Employers Cannot Bar Outside Employment

Miles & Stockbridge P.C. on 2/8/2024

The National Labor Relations Board (NLRB) is chipping away at employment agreements and other restrictive covenants one clause at a time. In a recent memorandum, the General Counsel said she believes restricting employees...more

Lights, Camera, (Legal) Action - Employer Risk Considerations With Employees on Reality TV Shows

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/15/2023

A star of a popular long-running reality TV was fired from her real estate job according to recent news reports over allegations that she used a racial slur during filming of the show. While an investigation into the incident...more

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on 7/18/2023

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

NLRB Provides Off-Duty Contractor Employees With Property Access to Engage in Section 7 Activity

Sheppard Mullin Richter & Hampton LLP on 1/4/2023

On December 16, 2022, the National Labor Relations Board (“NLRB” or “Board”) abandoned the employer-friendly access standard for off-duty employees of an onsite contractor that was adopted under the Trump Administration in...more

NLRB Reverses Course to Limit Property Owners’ Right to Limit Off-Duty Access for Section 7 Activity

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/29/2022

In another ruling promoting a pro-labor agenda under the Biden administration, the National Labor Relations Board (NLRB) reverted to its pre-2019 precedent on the balance between the rights of property owners and the rights...more

NLRB Opens the Door for Contract Workers to Engage in Off-Duty Section 7 Activities Wherever They Work

Epstein Becker & Green on 12/26/2022

On December 16, 2022, the National Labor Relations Board (”Board”) issued its decision in Bexar County II, which restricts the right of property owners to deny off-duty contract workers access to the property for the purpose...more

Client Alert: NLRB Modifies Rule Governing Off-Duty Workplace Access for Employees of Contractors

Bowditch & Dewey on 12/22/2022

On December 16, 2022, the National Labor Relations Board (“NLRB”) released an opinion (Bexar County II, 372 NLRB No. 28) limiting the ability of property owners to lawfully remove employees of their on-site contractors who...more

NLRB Tackles Employee Interrogations, Property Rights and More in December

Miles & Stockbridge P.C. on 12/21/2022

The National Labor Relations Board issued a flurry of employee-friendly decisions last week, continuing its move away from the more employer-friendly rulings by the Trump Board and, in many cases, returning to or reaffirming,...more

NLRB loosens standard for letting off-duty contractor employees engage in protected activity on third-party premises

Constangy, Brooks, Smith & Prophete, LLP on 12/20/2022

On Friday, the National Labor Relations Board, in a 3-2 decision in Bexar County Performing Arts Center Foundation II, changed the standard applicable to property owners seeking to restrict off-duty, outside contractor...more

NLRB Decision Grants Easier Property Access for Off-Duty Contract Workers

Jackson Lewis P.C. on 12/19/2022

In a 3-2 decision, the National Labor Relations Board has reinstated its prior standard providing a more expansive right of off-duty contractor employees to access publicly accessible areas of the primary employer’s workplace...more

Election Season and the Workplace, Part 1: Employee “Free Speech” and Political Activities

Proskauer - Law and the Workplace on 10/5/2020

With Election Day just around the corner, we’ll be highlighting some of the issues facing employers in a two-part series on elections and the workplace. In this first installment, we’ll look at employee protections around...more

#WorkforceWednesday: Employees’ Off-Duty Conduct, Violence at Work Rises, the Election and the Gig Economy - Employment Law This...

Epstein Becker & Green on 9/30/2020

It’s #WorkforceWednesday! This week, we examine two increasingly common issues that employers face in today’s polarized climate: responding to employees’ off-duty conduct and workplace violence. Responding to Off-Duty and...more

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

Seyfarth Shaw LLP on 9/28/2020

Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

Top Five Labor Law Developments For July 2020

Jackson Lewis P.C. on 8/13/2020

1. The National Labor Relations Board (NLRB) modified its standard for determining whether an employer may lawfully discipline an employee for abusive or offensive statements and conduct in the context of activity otherwise...more

[Webinar] Return to Work Virtual Toolkit for Employers | Off-Duty Conduct: COVID-19 Parties and Social Media Ranting—What’s an...

McDermott Will & Emery on 7/30/2020

The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is forcing employers all over the world to consider various new policies as workers...more

National Labor Relations Board › Off-Duty Employees