Topic
Protected Activity
61 published works
Labor & Collective Bargaining
NLRB Reminds Employers: ‘Fighting’ During Union Organizing May Be Protected Activity
By Howard M. Bloom, Philip B. Rosen, Jackson Lewis P.C.
The National Labor Relations Board has reminded employers that they must tolerate a certain degree of heated discourse during a union organizing campaign before discipline or termination may be warranted.…
Proskauer Whistleblower Defense
Alabama Federal Court Denies Motion for Summary Judgement on SOX Whistleblower Claim
By Steven J. Pearlman, Pinchos Goldberg, Samantha Shear
On April 2, 2019, the U.S. District Court for the Northern District of Alabama denied a defendant-employer’s motion for summary judgment on a SOX whistleblower retaliation claim, finding genuine issues…
Employment Law Letter
NLRB Overrules Obama-Era Rule Governing Union Protected Activity
By Jarad M. Lucan, Gregory A. Jones
Once again, the Trump-era National Labor Relations Board (“NLRB”) has overruled a previous Obama-era Labor Board decision, establishing an objective test for determining whether statements made by an employee constitutes…
Labor Law Prof Blog
4th Circuit on Protected Activity
Thanks to Jon Harkavy (Patterson Harkavy) for sending word of the Fourth Circuit case Netter v. Barnes. Although the plaintiff lost, Judge Motz's opinion for the Court rejects a broader…
The EPL Advisor
Employee Complaints Of Pay Inequity Can Trigger Protected Activity Even With No Mention Of “Sex Discrimination”
In Mumm v. Charter Township of Superior, the United States Court of Appeals for the Sixth Circuit held that Plaintiff is entitled to a trial where her employer began the…
Labor Relations Law Insider
D.C. Circuit to the NLRB: Lying is Not Protected Activity
Last week, the U.S. Court of Appeals for the D.C. Circuit reversed and remanded a pro-employee Board decision concerning an employee who had been discharged based on the “disparaging content”…
Labor Relations Update
Impulse Control? NLRB Finds Employee’s Misconduct To Be Deliberate and “Predetermined” and Not Protected
The past few weeks on the Labor Board front have been fairly routine, save for, of course, the high drama associated with the NLRB reversing its own decision (lest anyone…
Employment & Labor
First Circuit Reverses NLRB: Rude Employee Is Not Immune from Termination Solely Because He Was Engaged in Protected Activity
In Good Samaritan Medical Center v. National Labor Relations Board, the United States Court of Appeals for the First Circuit reversed the decision of the National Labor Relations Board (“NLRB”) requiring…
Vorys on Labor
Restaurant’s Public Image Didn’t Justify Ban on “Fight for $15” Pin
By Nelson Cary
Two of my colleagues, David Campbell and Don Slezak, have authored an excellent piece on a recent NLRB decision that is a must read for employers with dress code policies. The…
Management Memo
Second Circuit Rules Facebook Rant Was Protected Activity – Employment Law This Week
Featured on Employment Law This Week: An employee’s Facebook rant was protected activity, says the Second Circuit. In the midst of a tense union campaign, a catering company employee posted…