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Protected Concerted Activity › Section 7 › Employer Liability Issues

The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve... more +
The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union.  less -
Parker Poe Adams & Bernstein LLP

Interview Exchange Leads to Unfair Labor Practice Claims

Parker Poe Adams & Bernstein LLP on

This week, Elon Musk interviewed former President Trump on his social media platform X. During the interview, the two participants discussed their response to a hypothetical strike at Musk’s Tesla production facility. Trump...more

Littler

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

Littler on

On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more

BakerHostetler

Employee Handbooks Remain Under Board Attack

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During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more

Fisher Phillips

Employers May Face More Liability for Unlawful Work Rules Under NLRB General Counsel’s New Memo: Key Points and What You Can Do to...

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Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more

Parker Poe Adams & Bernstein LLP

Managers Not Protected by NLRA Concerted Activity Rules

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Over the past few years, the National Labor Relations Board has taken aggressive measures to extend labor law protections to some non-unionized employees. These decisions have involved employer policies restricting social...more

Parker Poe Adams & Bernstein LLP

NLRB Continues Assault on Noncompete Agreements

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As we have previously covered in EmployNews, in June 2023, the general counsel for the National Labor Relations Board (NLRB) released a memo arguing that most noncompete agreements violate Section 7 of the National Labor...more

BakerHostetler

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

BakerHostetler on

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

Laner Muchin, Ltd.

Employers Need to Review Workplace Rules and Policies Following Recent NLRB Decisions

Laner Muchin, Ltd. on

On August 22, 2023, we advised all employers—whether their workforces are unionized or not—about the National Labor Relations Board (NLRB) decision in Stericycle, Inc. In Stericycle, the NLRB articulated its new standard in...more

Cooley LLP

Year-End Tasks for US Employers Facing Compliance Obligations

Cooley LLP on

In recent years, we have seen numerous notable employment and labor law developments annually, and 2023 was no exception. As the year comes to a close, US employers should take time to prepare for 2024 by reviewing their key...more

Littler

NLRB Expands Section 7 Protections to Include Advocacy for Non-Employees and Beyond

Littler on

On August 31, 2023, the National Labor Relations Board issued its 3-1 decision in American Federation for Children, Inc. 372 NLRB No. 137, overturning Amnesty International, 368 NLRB No. 112 (2019), and dramatically expanding...more

Schwabe, Williamson & Wyatt PC

Handbook Changes on the Horizon, There’s a New NLRB Sheriff in Town‎

Schwabe, Williamson & Wyatt PC on

On August 2, 2023, the National Labor Relations Board (“NLRB”), with a majority of members nominated by President Biden, issued a long-awaited decision in Stericycle, Inc. and Teamsters Local 628 (372 NLRB No. 113 (2023))...more

Seyfarth Shaw LLP

NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees

Seyfarth Shaw LLP on

On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor...more

Sheppard Mullin Richter & Hampton LLP

NLRB Expands Scope of What Is Considered Protected Concerted Activity in Workplaces

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On August 31, 2023, the National Labor Relations Board (“NLRB” or “Board”) adopted a broader test for what is considered “protected concerted activity” under the National Labor Relations Act (“NLRA” or the “Act”). Section 7...more

Lathrop GPM

Handbooks and Policies - Time to Revise Them After NLRB Ruling, or Another Pendulum Swing?

Lathrop GPM on

The answer after the Stericycle ruling is likely “both.”  As the composition of the NLRB (National Labor Relations Board) changes, the roller coaster continues, making it difficult for businesses – whether private,...more

Fisher Phillips

Snapshot on Manufacturing Industry: Your Handbook Might Need Immediate Changes

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Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is...more

Venable LLP

NLRB Sets New Standard for Evaluating Workplace Rules

Venable LLP on

On August 2, 2023, the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023), which creates a new standard for evaluating whether a company's workplace rules violate the National...more

Laner Muchin, Ltd.

Employer Work Rules Need Review Due To NLRB Strict New Standard

Laner Muchin, Ltd. on

On August 2, 2023, the National Labor Relations Board (NLRB) issued its decision in Stericycle, Inc., in which it articulated its new standard for evaluating whether employer work rules are impermissible under the National...more

Fisher Phillips

Labor Board Signals Continued Expansion of Employee Rights: Your Questions Answered

Fisher Phillips on

A recent Advice Memo issued by the Office of the General Counsel of the National Labor Relations Board (NLRB) provides all employers – union and non-union alike – with yet another warning that more of your employment...more

Constangy, Brooks, Smith & Prophete, LLP

In light of recent NLRB decision, employer workplace rules face more aggressive scrutiny

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The National Labor Relations Board swung to a Democratic majority after the 2020 election of President Joe Biden. That majority has been almost continually dismantling standards established by the Republican majority Board...more

Gould + Ratner LLP

NLRB Shifts to More Employee-Friendly Work Rule Standard

Gould + Ratner LLP on

On August 2, 2023, the current version of the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc. and Teamsters Local 628 (Stericycle) that again shifts its position on employer work rules or other...more

Miles & Stockbridge P.C.

NLRB’s New Work Rules Standard Skews in Favor of Employees and Unions

Miles & Stockbridge P.C. on

On Aug. 2, the National Labor Relations Board (NLRB) set a new standard to evaluate facially neutral work rules in union and nonunionized workplaces when it issued a much-anticipated decision in Stericycle, Inc., 372 NLRB No....more

Genova Burns LLC

NLRB Applies a Shifting Burdens Analysis in Reviewing Employer Work Rules; Boeing Overruled

Genova Burns LLC on

On August 2, 2023, the NLRB further limited employers’ flexibility in designing work rules by holding that all work rules will be reviewed on a case-by-case basis, and no work rules will get an automatic pass....more

Paul Hastings LLP

NLRB Adopts Stricter Standard for Assessing Lawfulness of Workplace Rules

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The National Labor Relations Board recently issued a decision that should prompt most companies with U.S. operations to review—and, in all likelihood, modify—their workplace rules that apply to their workforce, whether...more

Bowditch & Dewey

NLRB Adopts New Standard for Evaluating Lawfulness of Work Rules

Bowditch & Dewey on

On August 2, 2023, the National Labor Relations Board issued a decision in Stericycle Inc., which adopts a new standard for how the NLRB will evaluate workplace policies and rules when determining if they interfere with...more

Morgan Lewis

NLRB Adopts New Standard for Assessing Facial Lawfulness of Employer Work Rules

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The National Labor Relations Board (NLRB or the Board), in a 3-1 decision on August 1, 2023, once again overruled existing precedent and declared that all employer work rules that reasonably could be read to restrict Section...more

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