News & Analysis as of

Protected Activity Unfair Labor Practices

Proskauer - Labor Relations Update

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025....more

Bradley Arant Boult Cummings LLP

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

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

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

Supreme Court Holds NLRA Does Not Preempt Claims for Intentional Property Damage Committed by Strikers

On June 1, 2023, the Supreme Court of the United States ruled that the National Labor Relations Act (NLRA) does not preempt an employer’s state court tort claims alleging a union intentionally destroyed the employer’s...more

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

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

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

Constangy, Brooks, Smith & Prophete, LLP

What will that NLRB decision do to separation agreements?

Two cents from an employment lawyer. My colleague David Phippen wrote an excellent bulletin about this week's McLaren Macomb decision from the National Labor Relations Board, in which the Board ruled that offering...more

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

Supreme Court Asks Whether Tort Claims to Recover Property Damaged During Strike Are Preempted by NLRA

On January 10, 2023, justices for the Supreme Court of the United States questioned attorneys for a ready-mix concrete company and the union representing its truck drivers over whether claims to recover the value of the...more

Fox Rothschild LLP

NLRB Administrative Law Judge Rules NLRA Does Not Protect BLM Messaging at Workplace

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A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the National Labor Relations Act...more

Sheppard Mullin Richter & Hampton LLP

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

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

White and Williams LLP

NLRB Hits Unions with One-Two Punch the Week Before Labor Day

The National Labor Relations Board (the Board) continues to modify the way employers, unions and employees view and relate to each other in the workplace. In two decisions right before Labor Day, the Board strengthened...more

Fisher Phillips

FAQs About Skip-Level Meetings: A Critical Management Tool

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It is never good to put off dealing with a problem employee. Whether it is misconduct, poor performance, or simply an attitude that impairs your team’s ability to work together well, the time to act is now. Waiting to act...more

Littler

Littler Global Guide - Italy - Q3 2018

Littler on

Amendment to Data Protection Code Incorporates EU’s GDPR - New Legislation Enacted - As of September 19, 2018, the Italian Data Protection Code has been modified by Legislative Decree no. 101/2018, which implements the...more

FordHarrison

Methinks thou doth protest too much! FYI, only ‘reasonable’ opposition is protected

FordHarrison on

It seems that every day the news is full of stories about employees (whether they are NFL players or Hollywood starlets) protesting unfair treatment. Usually, when an employee complains about discrimination, harassment, equal...more

Sherman & Howard L.L.C.

Racist Picket Conduct Protected

The NLRB holds – famously now – that sexist and racist conduct on a picket line is protected from adverse action unless the conduct is also violent and coercive. Despite a shot across its bow in Consolidated Communications,...more

Proskauer - Labor Relations Update

Attack Falsely Alleging Sandwich Maker Engaged In Unhealthy Practices Not Protected Activity Concludes Appeals Court, Overruling...

Labor disputes are passionate affairs. Workplace grievances elicit all sorts of strident behavior. When the dispute involves a group of employees, the effect can become magnified. The exact point at which the stridency of an...more

Proskauer - Labor Relations Update

Union Adherent’s Antics Not Protected By Act, NLRB Rules

The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was...more

Miles & Stockbridge P.C.

What’s Good for the Goose…

Over the past few years, the National Labor Relations Board (NLRB) has taken issue with employers that discipline employees over Facebook and other social media postings. The NLRB allows employees to discuss wages and other...more

Parker Poe Adams & Bernstein LLP

Federal ALJ Says Ban on Conducting Personal Business in Handbook Violated NLRA Rights

The National Labor Relations Board continues its assault against standard employment policies considered to interfere with employee rights. This time, a federal administrative law judge accepted the Board counsel’s argument...more

Seyfarth Shaw LLP

Another Day, Another Violation: Board Targets Hospital’s Work Rules Prohibiting Offensive Conduct

Seyfarth Shaw LLP on

Seyfarth Synopsis: Board panel finds hospital’s work rule prohibiting employees from engaging in offensive conduct to be unlawful. In Valley Health System, LLC d/b/a Spring Valley Hosp. Med. Ctr., 363 NLRB No. 178 (May...more

Foley & Lardner LLP

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Foley & Lardner LLP on

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

Baker Donelson

NLRB Says Individual Gripes About Wages are "Inherently Concerted" Activity

Baker Donelson on

Many employers consider it appropriate to discourage employees from discussing compensation with their coworkers. Particularly in non-unionized environments, employers may not think twice before disciplining employees for...more

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