NLRA, Protected Activity, Employer Liability Issues

NLRB, First Circuit Consider Black Lives Matter Items in the Workplace

Manatt, Phelps & Phillips, LLP on 5/28/2024

Both the National Labor Relations Board (NLRB) and the First U.S. Circuit Court of Appeals weighed in on employees wearing Black Lives Matter items while at work, with the Board siding with the employee and the federal...more

Union Activity on a Coffee Break? DC Circuit Upholds NLRB’s Decision on Pro-Union Pins and Paraphernalia in Starbucks Case

Bradley Arant Boult Cummings LLP on 4/11/2024

Can you prevent your employees from handing out pro-union paraphernalia if they’re on a paid break? After brewing on the issue, the D.C. Circuit says no, backing baristas in the first of five National Labor Relations Board...more

NLRB Holds Home Depot Broke the Law by Banning “BLM” From Employee’s Apron

Arnall Golden Gregory LLP on 3/5/2024

Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters...more

It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances

Proskauer - Labor Relations Update on 2/23/2024

The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on 10/11/2023

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

The NLRB Reverses Course (again) on Employee Outbursts and Protected Concerted Activity

Dorsey & Whitney LLP on 5/18/2023

What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?” In many cases, employers can follow their own policy and impose discipline if...more

Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for...

BakerHostetler on 5/17/2023

In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more

Are Employee Outbursts Protected Activity? Maybe.

Baker Donelson on 5/16/2023

On Monday, May 1, 2023, in Lion Elastomers, NLRB Case No. 16-CA-190681, the National Labor Relations Board (NLRB or the Board) overturned an employer-friendly precedent dating from 2020 by finding that the termination of an...more

NLRB Focuses on When Video Cameras Can Create an ‘Unlawful Impression of Surveillance’

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/25/2023

In a decision relevant for employers utilizing video surveillance equipment in the workplace and those considering the installation of video cameras, the National Labor Relations Board (NLRB) concluded that an employer...more

Electronic Monitoring in the Workplace: NLRB General Counsel Tips the Scale Toward Broadening the Scope of Employee Protections

Venable LLP on 11/30/2022

The COVID-19 pandemic and the attendant shift toward remote work, together with recent technological advances, have drastically expanded the reach of employers' capacity to manage and monitor employees both in and outside of...more

Saying The Quiet Part Out Loud: When Employee Talk About “Quiet Quitting” Could Become Protected Speech

Akerman LLP - HR Defense on 11/14/2022

By now, many employers have heard about “quiet quitting.” Though the term’s meaning varies depending on who’s using it, it generally refers to employees doing only as much work as the job requires without going the extra...more

FLSA Retaliation Provisions Protect Anticipated Collective Action Members, Third Circuit Holds

Jackson Lewis P.C. on 9/30/2022

Does a plaintiff’s allegation, that he was about to join a pending Fair Labor Standards Act (FLSA) collective (class) action against his former employer, combined with the employer’s knowledge that he was a potential class...more

NLRB Targets More Restrictive Standard for Employee Handbooks and Work Rules

Bodman on 3/17/2022

The National Labor Relations Board’s (“Board”) upcoming decision in Stericyle, Inc., NLRB Docket No. 01-CA-137660 may impact how the Board assesses the lawfulness of employer work rules and handbook policies in both union and...more

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on 1/31/2022

INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more

Board Invites Briefing on Potentially Overturning “Johnnie’s Poultry” Standard for Questioning of Employees About Putative...

Proskauer - Labor Relations Update on 3/3/2021

On Monday, the Board voted 3-1 to solicit public briefing on whether it should overrule the Johnnie’s Poultry Co., 146 NLRB 770 (1964) safeguards employees must receive if they are questioned by employers about their own or...more

The National Labor Relations Act › Protected Activity › Employer Liability Issues

NLRB, First Circuit Consider Black Lives Matter Items in the Workplace

Union Activity on a Coffee Break? DC Circuit Upholds NLRB’s Decision on Pro-Union Pins and Paraphernalia in Starbucks Case

NLRB Holds Home Depot Broke the Law by Banning “BLM” From Employee’s Apron

It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

The NLRB Reverses Course (again) on Employee Outbursts and Protected Concerted Activity

Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for...

Are Employee Outbursts Protected Activity? Maybe.

NLRB Focuses on When Video Cameras Can Create an ‘Unlawful Impression of Surveillance’

Electronic Monitoring in the Workplace: NLRB General Counsel Tips the Scale Toward Broadening the Scope of Employee Protections

Saying The Quiet Part Out Loud: When Employee Talk About “Quiet Quitting” Could Become Protected Speech

FLSA Retaliation Provisions Protect Anticipated Collective Action Members, Third Circuit Holds

NLRB Targets More Restrictive Standard for Employee Handbooks and Work Rules

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

Board Invites Briefing on Potentially Overturning “Johnnie’s Poultry” Standard for Questioning of Employees About Putative...

Free Speech and Expression in the 2021 Workplace

Handbook Civility Rules Aimed at Preventing Toxic Work Environments Found Lawful by NLRB’s Division of Advice

The Election Season Is Upon Us: Guidance for Managing Political Expression in the California Workplace

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

Social Media Posts During Turbulent Times: FAQs on Employee Rights and Employer Responsibilities

What Schools Should Do If An Employee Refuses To Return To Work Because Of COVID-19

#BigIdeas2020: NLRB’s Actions Impact Employers in 2020 - Employment Law This Week® - Trending News

Yo Momma Smack Down - Where are we on that whole civility thing?

Continuing Uncertainty over the Legality of Employer Rules Regulating Employee “Manners” in the Workplace

Testing for Interference in MSHA 105(c) Discrimination Cases

The National Labor Relations Act › Protected Activity › Employer Liability Issues

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