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Protected Activity

61 published works

  1. 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…

  2. Davis+Gilbert PERKS

    Second Circuit Offers Expansive Definition of “Protected Activity” that can Support Retaliation Claim

    By Davis+Gilbert PERKS

    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…

  3. 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…

  4. Labor Relations Update

    Another One: The NLRB Revives Standard That Employees Are Protected When Advocating for Nonemployees

    By Joshua Fox, Austin McLeod

    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…

  5. Employer Labor Relations

    Protected Protest: The National Labor Relations Board General Counsel’s Quest to Expand the Definition of “Inherently Concerted” Activity

    By Seyfarth Shaw LLP

    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…

  6. 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…

  7. 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…

  8. 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…

  9. Texas Employment Lawyer

    Just asking, Is that protected activity?

    By Colin W. Walsh

    [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…

  10. Train Law Blog

    What Is Clear and Convincing Evidence?

    By Charlie Goetsch

    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…