News & Analysis as of

Retaliation Protected Concerted Activity The National Labor Relations Act

Parker Poe Adams & Bernstein LLP

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

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

Miller Canfield

NLRB General Counsel Announces Intent to Treat Some College Athletes as Employees

Miller Canfield on

On September 29, 2021, National Labor Relations Board ("NLRB") General Counsel Jennifer Abruzzo issued a memorandum describing her intent to treat scholarship athletes at Division-I Football Bowl Subdivision ("FBS")...more

Parker Poe Adams & Bernstein LLP

First Circuit Upholds Employee's Right to Publicly Complain About Working Conditions

Section 7 of the National Labor Relations Act protects the rights of employees to engage in “concerted activity,” regardless of whether they are members of a union. Concerted activity means two or more employees working...more

FordHarrison

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

FordHarrison on

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

FordHarrison

Some Employment Law and Workplace-Related Thoughts Regarding Boots Riley’s Sorry to Bother You

FordHarrison on

A couple of weekends ago, I saw Sorry to Bother You, a film written and directed by Boots Riley. The film—Riley’s first—has received much acclaim and currently has a 95% critics’ rating on the website Rotten Tomatoes....more

Seyfarth Shaw LLP

Employee’s Vulgar Comment To Manager During Staff Meeting Was Not Protected Under The NLRA

Seyfarth Shaw LLP on

The ALJ found that the employer did not violate the Act where it terminated an employee for using vulgar language during a staff meeting in efforts to undermine the general manager’s managerial authority....more

Seyfarth Shaw LLP

NLRB Finds Cocktail Waitress Was Illegally Fired For Voicing Workplace Complaints

Seyfarth Shaw LLP on

Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a cocktail bar waitress was illegally fired for voicing workplace concerns during a staff meeting....more

Dorsey & Whitney LLP

Can You Be Fired for Flipping off the President? Yes...Well...Maybe Not

Dorsey & Whitney LLP on

There is a widespread myth in this country that the First Amendment protects free speech in the workplace. Employees who loudly state controversial opinions often think the First Amendment protects them from being fired as a...more

Parker Poe Adams & Bernstein LLP

Google and Charlottesville Events Raise Questions for Companies Regarding Employee Political Views

Two recent major news stories again involve the intersection of politics with employment law. In the first matter, Google fired a programmer after he posted an internal document criticizing the company’s diversity...more

Cozen O'Connor

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

Cozen O'Connor on

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

Seyfarth Shaw LLP

Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother F***er” and “F***...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee....more

Holland & Knight LLP

Politics in the Workplace: What Must Employers Allow?

Holland & Knight LLP on

Everyone has experienced both "workplace politics," in which Type A employees claw their way to the top at the expense of co-workers, and "politics in the workplace," in which employees discuss candidates for office and...more

Holland & Knight LLP

Restaurant Forced to Rehire Employees Who Insinuated Food was Germ-Infested - Section 7 of the NLRA Guarantees Workers the Right...

Holland & Knight LLP on

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

Hinshaw & Culbertson LLP

Facebook “Like” Protected Speech Under the NLRA

Hinshaw & Culbertson LLP on

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

Parker Poe Adams & Bernstein LLP

NLRB Says Filing Class Action Lawsuit is Protected Concerted Activity

Section 7 of the National Labor Relations Act prohibits employers from discriminating or retaliating against employees who engage in protected concerted activity. Concerted Activity means actions involving terms and...more

Foley & Lardner LLP

The Long Reach of the National Labor Relations Act

Foley & Lardner LLP on

Non-union employers are often under the misimpression that they are not affected by the National Labor Relations Act (NLRA) — the federal statute governing union-related issues in the private sector. A recent court decision...more

Constangy, Brooks, Smith & Prophete, LLP

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

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