Topic
Protected Activity
61 published works
Labor & Employment Law Navigator
Employees Presumed to Have Right to Use Company Email for Protected Activities During Nonworking Time
By Frantz Ward Labor and Employment Group
Does your company provide email access to its employees? Are there restrictions on how and when email may be used? These issues are addressed in the National Labor Relations Board's…
Labor & Collective Bargaining
Board Adopts Presumption That Employees Can Use Employer’s Email System to Engage in Protected Activity
By April Upchurch Fredrickson, Howard M. Bloom, Philip B. Rosen
In a controversial but not unexpected decision, reversing precedent, a majority of the National Labor Relations Board held that absent special circumstances that justify specific restrictions employers must permit employees…
The Labor Dish
Employee Calls You A “F****** Crook” While Complaining About Work And Wages: Now What?
By DLA Labor Dish Editorial Board
It’s late afternoon. You call a three-month employee into a small conference room – along with two managers – for a talk about his attitude. He complains that he and…
Employment Law Matters
Employee’s profanity-laced outburst may not preclude protection under the National Labor Relations Act.
Here are the basic facts of a case (Plaza Auto Center, Inc. and Nick Aguirre, Case 28-CA-022256, May 28, 2014) that has raised a question regarding the inherent conflict between…
Texas Employment Lawyer
Fact issues regarding whether leave would be paid or unpaid after plaintiff engaged in protected activity sufficient to show but-for causation for retaliation.
“Drawing reasonable inferences in Plaintiff’s favor, however, Ross’s alleged action, coming on heels of Plaintiff’s complaints of discrimination, and culminating in her termination, is sufficient to raise an issue of…
Labor & Collective Bargaining
NLRB Considers Allowing Employees to Use Employers’ Electronic Communications Systems for Protected Activity
By Robert J. Guidotti, Howard M. Bloom, Philip B. Rosen
Employers often forbid employees from using company e-mail and other electronic communications systems for all non-business purposes. Under current National Labor Relations Board decisions, such a blanket prohibition, which includes…
Minnesota Employer
Does Telling an Employer to Take a Settlement Offer and “Shove It Up Your @$%&!” Constitute Protected Activity Under Title VII?
No – the Seventh Circuit Court of Appeals recently clarified that telling an employer to take a settlement offer and “shove it up your @$%&!” is not protected by Title…
Employer Labor Relations
Of Course I Can Fire Someone Who Calls His Boss A “Stupid F***ing Moron” Or A “F***ing SOB” . . . Right?
By Seyfarth Shaw LLP, Seyfarth Shaw LLP
By: Brian M. Stolzenbach, Esq. Maybe. Maybe not. The National Labor Relations Board routinely holds that the law gives employees some leeway for, shall we say, “unprofessional” behavior when engaged…
Proskauer Whistleblower Defense
Third Circuit Lowers Bar For Determining Whether Internal Complaint Is SOX Protected Activity
By Steven J. Pearlman, Lloyd B. Chinn, Harris Mufson, Michael Spencer
In Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. March 19, 2013), the Third Circuit gave Chevron deference to U.S. Department of Labor Administrative Review Board’s…
Labor Relations Update
NLRB, Union Violated Act When Steward Invoked Company Handbook To Stop Member Complaints
In the last couple of years, we have seen close scrutiny of employer handbooks by the NLRB. If the agency deems a policy, or a portion of a policy, to…