Topic
Protected Activity
61 published works
Labor Relations Update
Flip-Flop: NLRB Reverses Course (Again) on Standard for Evaluating Offensive Employee Conduct
By Joshua Fox, Daniel H. Dorson, Cooper Halpern
In one of its first major decisions under its new Republican majority, the National Labor Relations Board (“NLRB” or “Board”) has again rejected “setting-specific standards” for analyzing when offensive employee…
Davis+Gilbert PERKS
Second Circuit Offers Expansive Definition of “Protected Activity” that can Support Retaliation Claim
On Monday, September 21st, the Second Circuit Court of Appeals held that a terminated in-house attorney plausibly alleged that she engaged in a protected activity when she refused to meet…
HR Law Watch
NLRB Division of Advice: Employee Gaza Protests are Not Protected Activity
By Rebecca A. Leaf, Brian D. Pedrow
In a National Labor Relations Board (NLRB) Division of Advice memorandum recently released to the public, although in redacted form, the Division of Advice said that one of the world’s…
Labor Relations Update
Another One: The NLRB Revives Standard That Employees Are Protected When Advocating for Nonemployees
A slew of decisions that were pending before the National Labor Relations Board (“NLRB” or the “Board”) have been issued at the end of August, coming at the close of…
Employer Labor Relations
Protected Protest: The National Labor Relations Board General Counsel’s Quest to Expand the Definition of “Inherently Concerted” Activity
By: Saman Haque and Cary Burke Seyfarth Synopsis: Recently, an Administrative Law Judge (ALJ), issued a decision in two cases that create the opportunity for the National Labor Relations Act…
The Bargaining Table
Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for Profane Worker Outbursts
By Christian White, Delores Chichi
In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors…
Labor Relations Update
NLRB Flips (Again), Reinstates Context-Specific Standards For Employee Misconduct
By Mark Theodore, Joshua Fox, Ross Evans
On Monday, the National Labor Relations Board (“Board”) issued a decision making it riskier and more complicated for employers to discipline employees for abusive workplace conduct alleged to have arisen…
The Bargaining Table
Hands Off My Tech: Employers May Not Restrict Employee Communications Transmitted via Third-Party Smartphone Applications
By Todd Dawson, Christian White
The National Labor Relations Board’s (NLRB) Division of Advice (Advice), which provides guidance to the NRLB’s regional offices regarding difficult and novel issues, recently released an internal memo concerning employee…
Texas Employment Lawyer
Just asking, Is that protected activity?
[caption id="attachment_3058" align="alignleft" width="240"] Austin Employment Lawyer Colin Walsh[/caption] Human Resources has called you into a meeting. At first, you are nervous. You wonder if someone caught you taking Carl’s…
Train Law Blog
What Is Clear and Convincing Evidence?
When a rail worker proves that his or her FRSA protected activity was a contributing factor in the adverse personnel action, the railroad may nevertheless avoid liability if it proves…