News & Analysis as of

Harassment The National Labor Relations Act

Adams and Reese LLP

As Election Nears, How Do State Laws Impact Employers’ Policing of Social Media Posts by Employees?

Adams and Reese LLP on

With a highly divisive U.S. Presidential Election between Donald Trump and Kamala Harris just weeks away, political social media posts have inundated newsfeeds. But what happens when a post goes too far, and/or an employee’s...more

Cozen O'Connor

#NoFilter: Outside-of-Work Social Media Posts Can Create a Hostile Work Environment

Cozen O'Connor on

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. Those bygone times, however, have been replaced by a...more

Constangy, Brooks, Smith & Prophete, LLP

10 social media tips for employers and employees

Want to stay out of trouble? Read on! Did you know that this Sunday will be "Social Media Day"? Neither did I. But even after all this time, social media continues to get employees and employers in trouble. Here are six...more

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

Beltway Buzz - June 2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Sherman & Howard L.L.C.

NLRB Embraces ’Animal Exuberance’ & Rejects Title VII

Employees who utter racial epithets, launch outbursts, and otherwise engage in harassing, disruptive, or offensive behavior are once again protected by the National Labor Relations Act (“Act”). The National Labor Relations...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Akerman LLP - HR Defense

Profanity or Protected Speech?

Imagine this, an employee writes profanity (“whore board”) on a company bulletin board, the employer terminates the employee for the profanity, and the National Labor Relations Board (“NLRB”) holds that the employee’s...more

Venable LLP

Hashtags and Headlines: The Rise of Social Media

Venable LLP on

Social media platforms continue to be a useful way to share information, keep in touch with friends and family, and even promote an independent school; however, they also can continue to create headaches for independent...more

Woods Rogers

Federal Agencies Are Teaming Up to End Workplace Retaliation

Woods Rogers on

The National Labor Relations Board (NLRB), U.S. Department of Labor (DOL), and U.S. Equal Employment Opportunity Commission (EEOC) announced a joint initiative to raise awareness about retaliation issues when workers exercise...more

Jackson Lewis P.C.

Addressing And Preventing Inappropriate ‘Shop Talk’

Jackson Lewis P.C. on

In a manufacturing environment, employees often work near each other, and the level of noise can cause conversations to go unheard by others not in the immediate vicinity. Like the quintessential example of “locker room...more

Husch Blackwell LLP

Understanding Employers’ Right To Impose Limits On Political Activities In The Workplace

Husch Blackwell LLP on

As the 2020 general election approaches with many employees working remotely and participating on social media platforms, employers can anticipate that employees will engage in political speech and activity in the workplace....more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 2, September 2020

The Editors' Note - Welcome to this edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Law Group. 2020 continues to bring unforeseen challenges, but employers are beginning to get back...more

Robinson & Cole LLP

NLRB Draws a Line: Polite Picket Lines, Civil Social Media and Courteous Complaining

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Employers are increasingly aware that an inclusive workplace is synonymous with one that does not tolerate abusive conduct, personal attacks or any form of harassment, especially harassment that is based on an employee’s...more

Bradley Arant Boult Cummings LLP

The NLRA, Protected Activity, and the F-Bomb

When, if ever, is swearing at your supervisor or coworkers a federally protected activity? The National Labor Relations Board (Board) currently is reconsidering what constitutes protected activity under the National Labor...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC Urges NLRB To Let Employers Prevent, Punish Harassment

A change may be coming. The "N" word. Referring to women in pornographic terms. Ethnic slurs. This is "harassment" under almost all company policies, and it can violate the law, as well. At least one federal appeals court...more

Burr & Forman

Striking the Right Balance in Workplace Behavior and Privacy

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Employers often struggle with the balance between effective employee management and oversight and respect for employee privacy in the workplace. Striking the right balance is a difficult task for employers seeking to uphold...more

Littler

Dear Littler: Can We Discipline An Employee Who "Took a Knee" During the Anthem?

Littler on

Dear Littler: I work for a prominent company in a small city here in the Hoosier State, and we are very involved in our local community. We sponsor a corporate softball team, and last night one of our team members “took a...more

Bass, Berry & Sims PLC

8th Circuit Panel Rules NLRA Protects Picketing Employee’s Racist Remarks

Bass, Berry & Sims PLC on

In an article published earlier this year, I asked the question whether the National Labor Relations Act (NLRA) protects racist insults. In a decision rendered on August 8, 2017, a majority of an Eighth Circuit panel, over a...more

Bradley Arant Boult Cummings LLP

The NLRB/EEOC Landmine – When Does Offensive Speech Amount to Protected Activity?

Employers need to be on the lookout for instances of offensive employee speech, which may put them between a rock and a hard place as they navigate potential claims under either anti-discrimination laws or federal labor laws....more

Baker Donelson

Politics in the Workplace

Baker Donelson on

Employees are complaining that they are being discriminated against or harassed by management or other employees based on their political beliefs because an employee's political beliefs may relate to, or be intertwined with,...more

Zelle  LLP

Employment Law Navigator – Week in Review: May 2017

Zelle LLP on

Last week, we saw several developments in the area of race discrimination in employment, including a Second Circuit decision that has generated media coverage and commentary. The Second Circuit’s ruling reversed a lower court...more

Akerman LLP - HR Defense

Will The NLRB’s Protection of Unacceptable Conduct Last?

It’s ironic, isn’t it? While the EEOC could find an employer liable for tolerating racist or sexist remarks by employees, the NLRB has repeatedly found employers liable for failing to do so under the guise of protecting...more

Littler

Addressing Post-Election Tensions in the Workplace

Littler on

As the extreme rhetoric of the 2016 presidential campaign slowly wanes, the divisions it exposed remain raw. Many Americans celebrate the election of President-elect Trump, while many others continue to express concern about...more

Foley & Lardner LLP

EEOC's Select Task Force Study of Harassment Provides Robust Training Guidance

Foley & Lardner LLP on

Last month the EEOC’s Select Task Force on the Study of Harassment in the Workplace issued a long-awaited report. That report is a four-part, 88-page document — meaning digesting the report is a hefty task. Fortunately, the...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2016 #3

LA Doubles Down on Sick Leave, Minimum Wage Increase - Why it matters - Already facing new California employment-related requirements—including the adoption of mandatory sick leave and an uptick in the minimum...more

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