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Protected Concerted Activity › Unions › Employees

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 -
Baker Donelson

Should You Revise Your Workplace Conduct and Dress-Code Policies in the Wake of an Election Year?

Baker Donelson on

In an election year, and in a climate where employees are more expressive about their opinions and beliefs, particularly regarding social movements, many employers wonder if and where to draw the line on limiting political...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

Sheppard Mullin Richter & Hampton LLP on

On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more

Littler

A Rocky Mountain Remix for Protected Concerted Activity: Colorado Adopts Rules for the Protections of Public Workers Act, Creating...

Littler on

On February 26, 2024, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (the “Division”) adopted final rules for the Protections for Public Workers Act (PROPWA). As previously...more

K&L Gates LLP

NLRB Expands Protections for Employee Abusive Conduct, Returns to Setting-Specific Standards

K&L Gates LLP on

INTRODUCTION - On 1 May 2023, the National Labor Relations Board (NLRB or Board) held in Lion Elastomers1 that whether employers violate the National Labor Relations Act (NLRA or Act) when they take adverse employment action...more

Sheppard Mullin Richter & Hampton LLP

…But Words Will Never Harm Us? The NLRB Restores Precedent Protecting Abusive Workplace Speech by Employees While They Are Engaged...

Sheppard Mullin Richter & Hampton LLP on

In a decision that had been anticipated, the National Labor Relations Board (“NLRB” or “Board”) abandoned its short-lived burden-shifting test for determining the legality of employer discipline of employees found to have...more

Spilman Thomas & Battle, PLLC

What Florida Employers Can Do When a Union Knocks on Their Door

Spilman Thomas & Battle, PLLC on

When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their rights and obligations when dealing with unions to ensure that...more

Sheppard Mullin Richter & Hampton LLP

NLRB Provides Off-Duty Contractor Employees With Property Access to Engage in Section 7 Activity

Sheppard Mullin Richter & Hampton LLP on

On December 16, 2022, the National Labor Relations Board (“NLRB” or “Board”) abandoned the employer-friendly access standard for off-duty employees of an onsite contractor that was adopted under the Trump Administration in...more

McDermott Will & Emery

Labor Under Biden

McDermott Will & Emery on

Before the 2020 election, then-US Presidential candidate Joe Biden vowed to be the “strongest labor president you have ever had.” Now having been in office for almost a year, how has President Biden changed the country’s...more

Verrill

Employers, Check Your Handbooks: New NLRB General Counsel Sets Course

Verrill on

On August 12, 2021 National Labor Relations Board (NLRB) General Counsel Abruzzo published her first memo setting forth the NLRB’s priorities. The memo identifies recent cases where the Board overruled past legal precedent in...more

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP on

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

Proskauer - Labor Relations Update

Labor Day Wouldn’t Be Labor Day Without New NLRB Decisions

Proskauer - Labor Relations Update on

The onset of Labor Day and the end of the NLRB fiscal year (September 30) one can count on seeing a number of decisions issued.  This year is no different, and perhaps more are being issued during these last few days because...more

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