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Protected Concerted Activity › Unfair Labor Practices › Employment 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 -
Fisher Phillips

What Employers Need to Know About the Current State of the NLRB

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A series of game-changing moves from the White House have left employers struggling to understand the lay of the land when it comes to the nation’s labor law. Even though it might feel like we’re entering unchartered...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

Fisher Phillips

Labor Board’s “BLM” Ruling Will Require You To Review Your Dress Code and Other Workplace Policies: Your 5-Step Guide

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The National Labor Relations Board just ruled that a national retailer must allow customer-facing employees who want to write “Black Lives Matter” on their uniforms to do so – and may have opened Pandora ’s Box when it comes...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

Nutter McClennen & Fish LLP

Reversing an Earlier Decision, the NLRB Insinuates Itself Further Into the Non-Union Workplace

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In Stericyle, Inc., issued on August 2, 2023, the National Labor Relations Board (NLRB) discarded an earlier decision and established a new test for determining whether an employer’s work rule constitutes an unfair labor...more

Fisher Phillips

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

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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

Miller Canfield

Unions Gain an Organizing Edge: NLRB Lowers Bar for Challenging Work Rules

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The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more

Troutman Pepper Locke

NLRB Returns to Former Precedent on Protected Union Activity

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Q. May employees use abusive language when raising grievances about working conditions?...more

Bradley Arant Boult Cummings LLP

Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling | Insights & Events

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A ruling of the National Labor Relations Board in favor of an employee fired for using vulgar language on a company bulletin board was affirmed in August by the U.S. Court of Appeals for the District of Columbia Circuit. ...more

Ward and Smith, P.A.

Labor Unions and "Protected Concerted Activity:" What Private Employers – Unionized or NOT – Need to Know in 2022

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Employers, it seems, can't catch a break these days. They build businesses. They take risks. They face increasing supply costs, supply-chain problems, interest rates, and staff-shortages...more

Fisher Phillips

Employer Can’t Terminate Vulgar Employee Because of Spotty Disciplinary Record – A 5-Step Plan to Avoid the Same Fate

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One of the nation’s most powerful federal appeals courts just ruled that the NLRB was correct when it said a West Virginia-based manufacturing company couldn’t fire a worker for vulgar comments because it failed to...more

BakerHostetler

[Ongoing Program] Master Class 2022 Wrap-Up - May 3rd, 2:00 pm - 3:00 pm ET

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Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

BakerHostetler

[Ongoing Program] Opening Plenary Session – The ‘New’ Normal: The State of Labor Relations and Employment Law - February 1st, 2:00...

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Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Proskauer - Labor Relations Update

NLRB Holds that Leaflet Outlining Consequences for Threatening Workers Is Not Unlawful

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In adopting the ALJ’s Recommended Order in S&S Enterprises, LLC d/b/a Appalachian Heating, Case No. 09-CA-235304, the NLRB found that a leaflet distributed by the employer during union organizing efforts, which stated that it...more

Bradley Arant Boult Cummings LLP

NLRB Concerted Activity Claims on the Rise

Bradley Arant Boult Cummings LLP on

Two recent advice memos issued by the National Labor Relations Board (NLRB) provide further guidance on the issue of “protected concerted activity” under Section 7 of the National Labor Relations Act (NLRA), commonly referred...more

Snell & Wilmer

Criticizing the Employer’s Workplace Diversity and Inclusion Policies

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Section 7 of the National Labor Relations Act (the Act) gives employees the right to engage in “concerted activities” for “mutual aid or protection.” In general, “concerted activities” are activities or conduct by...more

Foley & Lardner LLP

Navigating Through the NLRB’s Recent Decisions

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The following is a summary of key decisions from the National Labor Relations Board (Board) and its Division of Advice during the period in which the Republican Party has controlled the Board under the Trump administration. ...more

Parker Poe Adams & Bernstein LLP

Supportive Replies to Co-Worker's Profane Email Were Protected Activity

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As noted previously in EmployNews, Section 7 of the National Labor Relations Act protects concerted activity by employees who complain about terms and conditions of employment. Obviously, email and social media did not exist...more

Sheppard Mullin Richter & Hampton LLP

Employers May Not Have To Retain Racists, Sexists And Belligerently Disobedient Employees After All-The NLRB Appears Ready To...

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It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Confirms that Intermittent Strikes in Furtherance of the Same Goal are Unprotected

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The National Labor Relations Act’s (NLRA or Act) Section 7 grants to all employees — regardless of whether they are unionized or not — the right to engage in protected concerted activity (PCA). Accordingly, an employer may...more

Fisher Phillips

New Light On Handbooks And Work Rules

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During the Obama administration, the National Labor Relations Board (NLRB) rocked the HR world for employers, both union and non-union, by interpreting federal law to create broad restrictions on employer work rules, social...more

Seyfarth Shaw LLP

NLRB Publishes Advice Memo Finding that Company Maintained Unlawfully Overbroad Work Rules But Did Not Violate NLRA By Discharging...

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Seyfarth Synopsis: The NLRB’s Division of Advice recently released an Advice Memorandum finding that a security company’s work rules were unlawfully overbroad, but that the company did not violate the National Labor Relations...more

Fisher Phillips

Labor Board Makes It Harder For Employees To Claim Their Complaints Are Protected

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In a 3-1 ruling that should be hailed by employers across the country, the National Labor Relations Board just made it harder for employees to successfully claim that their workplace gripes constitute protected concerted...more

McAfee & Taft

NLRB memo offers clarity, good news for employer-issued policies

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For employers, the National Labor Relations Board’s rules for interpreting employer policies have been among the most difficult to navigate the last 15 years. The Board utilized a “reasonably construe” test that resulted in...more

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