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Protected Activity

61 published works

  1. 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.…

  2. 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…

  3. 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…

  4. Labor Law Prof Blog

    4th Circuit on Protected Activity

    By Workplace Prof

    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…

  5. The EPL Advisor

    Employee Complaints Of Pay Inequity Can Trigger Protected Activity Even With No Mention Of “Sex Discrimination”

    By Alyssa J. Calabrese

    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…

  6. Labor Relations Law Insider

    D.C. Circuit to the NLRB: Lying is Not Protected Activity

    By Terry Potter, Brian Stair

    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”…

  7. Labor Relations Update

    Impulse Control? NLRB Finds Employee’s Misconduct To Be Deliberate and “Predetermined” and Not Protected

    By Mark Theodore

    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…

  8. Employment & Labor

    First Circuit Reverses NLRB: Rude Employee Is Not Immune from Termination Solely Because He Was Engaged in Protected Activity

    By John M. O'Connor

    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…

  9. 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…

  10. Management Memo

    Second Circuit Rules Facebook Rant Was Protected Activity – Employment Law This Week

    By Epstein Becker Green

    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…