NLRA, Protected Activity, Employment Policies

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

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

NLRB Finds That Writing "BLM" on an Employee Uniform is Protected by the NLRA

Baker Donelson on 2/26/2024

In a case issued on February 21, 2024, the National Labor Relations Board (NLRB or the Board) has continued its expansion of the definition of "protected, concerted activity" under Section 7 of the National Labor Relations...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

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

Post-Dobbs Employment Considerations

Benesch on 8/17/2022

In Dobbs v. Jackson Women’s Health Organization the United States Supreme Court overturned years of precedent started by Roe v. Wade and conferred the right to regulate abortions to individual states. This marked change has...more

NLRB GC’s Extreme Agenda on Display at ABA Mid-Winter Meeting

Fox Rothschild LLP on 3/8/2022

Last week, the American Bar Association’s Section on Labor and Employment Law, Committee on the Developing Labor Law, gathered in Kauai for its annual mid-winter meeting, featuring presentations from top labor law attorneys...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

Free Speech and Expression in the 2021 Workplace

Robinson+Cole Manufacturing Law Blog on 2/11/2021

While the presidential election may be in the past, conversations on political and social issues are not. As the new Presidential Administration takes the helm, the pandemic continues, and significant political division...more

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

Proskauer - Labor Relations Update on 12/2/2020

The NLRB’s Division of Advice recently released a long-awaited Advice Memorandum (originally issued in February 2019, Chipotle Mexican Grill, Case 28-CA-229134 (Feb. 22, 2019)) concerning the validity of two workplace rules...more

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

Farella Braun + Martel LLP on 10/27/2020

In a year of extraordinary events, this election has been more divisive and controversial than any other in recent history. Many employers are grappling with how they should manage political expression in the workplace. An...more

Turbulence Ahead: Navigating Political Speech in the Workplace during an Election Year and Global Pandemic

Seyfarth Shaw LLP on 10/9/2020

Seyfarth Synopsis: In a tumultuous year full of social unrest, a pandemic, and a Presidential election, it is no wonder employers find themselves grappling with how—and whether—to regulate politics in the workplace. Options...more

Regulating Political Speech and Expression in the 2020 Workplace

Robinson & Cole LLP on 9/14/2020

With election season underway, employers are considering how to address employees discussing politics and expressing their political beliefs in the workplace. Managing these issues can create significant legal and employee...more

NLRB Rules That Employers Need Not Tolerate Sexist, Racist, Or Abusive Conduct By Employees Engaged In Otherwise Protected...

Fisher Phillips on 7/24/2020

In a critical reversal of Board precedent, the NLRB just unanimously held that employees engaging in abusive conduct in the course of protected concerted activities are not automatically shielded from discipline under the...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/23/2020

Many people have commented on social media regarding the anti-racist movement that has been gaining strength in the wake of police officers killings around the country. Unfortunately, some of these posts are inflammatory,...more

Cell Phone Use on Hold in Manufacturing Plants After Recent NLRB Decision

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/29/2020

The National Labor Relations Board (NLRB) issued a supplemental decision on May 20, 2020, finding lawful a policy prohibiting employees from possessing or using their cell phones on the manufacturing floor or at their...more

National Employment Perspective: Focus on the NLRB and Employee Communication

Shook, Hardy & Bacon L.L.P. on 1/9/2020

Recent Changes to NLRB Guidance Regarding Employers’ Policies Involving Employee Communication - Two recent decisions by the National Labor Relations Board (NLRB) have significantly overturned earlier rulings regarding...more

National Labor Relations Board Expands Employers’ Rights to Enforce Workplace Rules

Pierce Atwood LLP on 1/8/2020

In a pair of significant year-end rulings, the National Labor Relations Board overturned two Obama-era precedents that had restricted the ability of both unionized and non-unionized employers to limit the use of company email...more

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

Epstein Becker & Green on 1/6/2020

A Trending News interview from Employment Law This Week®, featuring attorney Steve Swirsky, Member of the Firm: The National Labor Relations Board (NLRB) ended the year with a flurry of activity, including the relaxing of...more

Employers May Now Forbid Employees Using Co. Email for Protected Concerted Activities, Forbid Employees from Discussing On-Going...

Sheppard Mullin Richter & Hampton LLP on 12/23/2019

The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more

The National Labor Relations Act › Protected Activity › Employment Policies

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