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Protected Concerted Activity › Anti-Discrimination Policies

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 -
Littler

Politics in the Workplace and the New Administration

Littler on

In the lead-up to the 2024 presidential election, employers navigated the difficult terrain of managing employees’ expressions of diverging political and social beliefs in the workplace. Now that the 2024 election has passed...more

McGlinchey Stafford

NLRB’s General Counsel Provides Guidance on Balancing NLRA and Equal Employment Laws

McGlinchey Stafford on

All employees have a right to engage in concerted activity under the National Labor Relations Act (NLRA)—often called “protected concerted activity (PCA)”—meaning that even in a non-union environment, an employer cannot...more

FordHarrison

Maintaining a Harmonious Workplace…With One Hand Tied Behind Your Back

FordHarrison on

Executive Summary: On May 1, 2023, the National Labor Relations Board (NLRB or the Board) handed down a decision illustrative of its view that workers’ rights under the National Labor Relations Act (NLRA or the Act) hold a...more

Jackson Lewis P.C.

Labor Board General Counsel Announces ‘Vigorous Enforcement’ Of Protected Concerted Activity Charges

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) Acting General Counsel Peter Sung Ohr (AGC) has announced in a memorandum that his office will return to “vigorous enforcement” of employee rights under Section 7 rights of the...more

Fisher Phillips

Let’s Talk Politics: A 5-Step Survival Guide For Dealerships During The 2020 Election Season

Fisher Phillips on

This year has brought unprecedented challenges for dealerships across the country. To top it off, the country will close 2020 with a highly contested presidential election. As a result, this presidential election cycle will...more

Spilman Thomas & Battle, PLLC

Where Does the NLRA Draw the Line Between Harassment and Protected Activity?

Spilman Thomas & Battle, PLLC on

As most employers have discovered, Section 7 of the National Labor Relations Act protects employees who engage in “concerted activities for the purpose of collective bargaining,” and it is unlawful for employers to interfere...more

Proskauer - Labor Relations Update

NLRB Upends Context-Specific Tests for Profane Conduct, Folding Such Discipline Into Traditional Motivation Tests For Evaluating...

Proskauer - Labor Relations Update on

In another long-anticipated decision, on July 21, 2020, in General Motors LLC, 369 NLRB No. 127 (2020), the Board replaced three context-specific rules for determining whether certain abusive conduct committed by employees is...more

Littler

A Return to Workplace Civility: The NLRB Adopts the Wright Line Burden-Shifting Approach to Section 7 Speech

Littler on

During a pandemic, protests, and a polarized election season, employers have walked an ever-increasingly fine line between protecting employee speech in the workplace and enforcing rules on workplace conduct....more

Greenberg Glusker LLP

Confronting COVID-19 in the Workplace

Greenberg Glusker LLP on

Employers are faced with critical questions and important legal obligations as they address Coronavirus 2019 (COVID-19) matters in the workplace. While it is impossible to address all potential legal issues in a single client...more

Parker Poe Adams & Bernstein LLP

NLRB Distinguishes Between Protected and Unprotected Criticism of Diversity Policies

Parker Poe Adams & Bernstein LLP on

In a well-publicized incident in 2017, Google terminated an employee who circulated a memorandum opposing the company’s diversity program. The employee claimed that innate differences between the sexes made females less...more

Troutman Pepper Locke

Updating Your Employee Handbook for 2016

Troutman Pepper Locke on

Employee handbooks are an important way for employers to communicate rules, expectations and benefits to employees. They also can serve as a way for the company to establish its brand and convey its history and corporate...more

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