NLRA, Termination, Protected Concerted Activity

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

Parker Poe Adams & Bernstein LLP on 3/29/2024

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

BakerHostetler on 3/1/2024

On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

Memes, Emoticons, and Social Media ‎Posts as Protected Concerted ‎Activity

Locke Lord LLP on 2/23/2022

To navigate the pandemic, companies and employees shifted to virtual tools and platforms to conduct business and communicate with team members. With this transition into the virtual office space and increased screen time,...more

NLRB Concerted Activity Claims on the Rise

Bradley Arant Boult Cummings LLP on 8/31/2020

Two recent advice memos issued by the National Labor Relations Board (NLRB) provide further guidance on the issue of “protected concerted activity” under Section 7 of the National Labor Relations Act (NLRA), commonly referred...more

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

FordHarrison on 10/30/2019

With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

National Labor Relations Board Affirms Employee's Right to Complain at Team Building Lunch

Parker Poe Adams & Bernstein LLP on 6/7/2019

When employers establish internal forums for employee comments, they may not anticipate that employees will use this as an opportunity to criticize the company and management. Employers also may not realize that such...more

NLRB Limits Definition of 'Concerted' Activities by Employees

Faegre Drinker Biddle & Reath LLP on 1/16/2019

The National Labor Relations Board (NLRB) will find a violation of federal labor law when employees are disciplined or discharged for engaging in protected concerted activities. The key element is that employees must be...more

Facebooking Misappropriated Employer Form Is Not Protected Activity

Sherman & Howard L.L.C. on 7/18/2018

On June 11, 2018, the National Labor Relations Board (Board) Division of Advice applied the Board’s new Boeing standard for assessing employer policies. The Division advised that an employer did not violate the NLRA when it...more

“Personal” Pizza: Employee’s Individual Gripe Not Protected Under The NLRA

Fisher Phillips on 5/31/2018

A recent decision by a National Labor Relations Board Administrative Law Judge has re-affirmed that “personal gripes” made by employees are unprotected by federal labor law. This decision comes from the NLRB’s regional office...more

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

Sheppard Mullin Richter & Hampton LLP on 2/21/2018

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Employer Discretion to Terminate Employees for Off-Duty Conduct in the Age of Charlottesville

Clark Hill PLC on 9/1/2017

Before the rise of social media, employees' off-duty conduct was generally unknown to an employer, even if that conduct involved violence or unlawful conduct. On August 12, 2017, it took mere hours before the participants in...more

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

Cozen O'Connor on 8/21/2017

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Q And A On The Recent Controversy

Constangy, Brooks, Smith & Prophete, LLP on 8/11/2017

On the recent uproar involving a major, major employer and its recently-terminated employee: No. 1. Is it a good idea to provide an “open forum” to employees if there are certain topics that are off limits? No. If you want...more

Politics in the Workplace

Baker Donelson on 5/25/2017

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

NLRB Finds Employee Properly Terminated for Obscene Tirade

Saul Ewing LLP on 5/8/2017

The National Labor Relations Board ruled last week that a railroad car repair company properly terminated an employee after he hurled numerous obscenities at his supervisor, including telling the supervisor to “f*** you and...more

Oh F**k: Employee’s Profane Facebook Post is Protected Activity

Orrick - Employment Law and Litigation on 5/5/2017

On April 21, 2017, the Second Circuit Court of Appeals upheld a National Labor Relations Board (NLRB or Board) ruling that an employer violated the National Labor Relations Act (NLRA or Act) when it discharged a catering...more

Now You, Too, Can Call Your Boss a Nasty Motherf****r

Kelley Drye & Warren LLP on 4/27/2017

Maybe we’ve all thought it at some point in our careers. But according to the Second Circuit Court of Appeals, you might actually be able to get away with saying it—that is, calling your boss a nasty mother****r—if you’re...more

Employers Beware: Facebook Posts May Not Be Enough to Fire Employees

Cole Schotz on 4/26/2017

On Friday, April 21, 2017, the Second Circuit affirmed a National Labor Relations Board (“NLRB”) ruling, which found that Pier Sixty, LLC (“Pier Sixty”) violated the National Labor Relations Act (“NLRA”) when it terminated...more

Profane Facebook Message Protected Under The NLRA

Saul Ewing LLP on 4/26/2017

Last week, the Second Circuit held that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who had posted a profane and vulgar message on Facebook that insulted a manager and urged...more

The NLRB Continues to Monitor Social Media Policies

Parker Poe Adams & Bernstein LLP on 6/14/2016

According to this EmployNews report, the National Labor Relations Board continues to interpret the National Labor Relations Act to prohibit social media policies that restrict employees’ ability to publically complain about...more

NLRB Rejects General Employee Behavior Standards in Code of Conduct

Parker Poe Adams & Bernstein LLP on 5/4/2016

The National Labor Relations Board continues its assault on employer handbooks and other policies it considers to impede employees’ rights to engage in protected concerted activity under Section 7 of the NLRA. Last month, the...more

Social Media Policy Cannot Prevent Employee from Negative Responses to Customer Tweets

Parker Poe Adams & Bernstein LLP on 4/12/2016

The National Labor Relations Board continues to interpret Section 7 of the NLRA to prevent employers from adopting social media policies that restrict employees’ ability to publically complain about their terms and conditions...more

Employment Law - November 2015

Manatt, Phelps & Phillips, LLP on 11/13/2015

Following California, New York Toughens Equal Pay Law - Why it matters: Following in the recent footsteps of California, New York Governor Andrew Cuomo signed into law the Achieve Pay Equality Act, providing greater...more

Discipline Based on Social Media Activity – An Update

Zelle LLP on 11/6/2015

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

Facebook “Like” Protected Speech Under the NLRA

Hinshaw & Culbertson LLP on 10/29/2015

We all have them. Friends and family who overshare on Facebook. Their food choices (complete with pictures), exercise routine, and relationship drama, all solidified in the form of a status update. Annoying maybe, but mostly...more

The National Labor Relations Act › Termination › Protected Concerted Activity

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