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Channel: Protected Concerted Activity | Labor & Collective Bargaining
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NLRB Releases Important End-of-Year Decisions

In a flurry of activity coinciding with the end of the term of National Labor Relations Board Member Brian Hayes (whose term ended on December 16), the NLRB has issued significant decisions relating to...

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Complaint over Working in Unsafe Neighborhood Protected, NLRB Finds, Rejects...

Employers may be interested in a recent post on the Jackson Lewis LLP Workplace Resource Center discussing a recent NLRB decision about  protected concerted activity.  Click here for more information.…...

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NLRB Judge Says Employer’s Baseball Cap Logo Restriction Violates Employees’...

An employer’s policy prohibiting employees from wearing baseball caps other than the employer’s is an unlawful restriction on employees’ Section 7 activity, an NLRB Administrative Law Judge has...

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ALJ Finds No Protected Employee Right to Record Workplace Conversations

While employees making audio or video recordings of others in the workplace have long concerned employers, companies usually refrain from banning employee recording, uneasy about potentially infringing...

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Terminations Lawful for Statement Not Impugned by Discharged Employees’...

The National Labor Relations Board’s Division of Advice has concluded an employer did not violate the National Labor Relations Act for terminating two workers for a statement about their pay and other...

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Employee’s Facebook ‘Like’ is Part of Concerted Activity: NLRB

An employee’s selection of the “Like” option under a former employee’s initial Facebook status update was “an expression of approval” of the initial status update it followed (and therefore part of...

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Firings for Facebook Comments Unlawful, NLRB Rules

An employer violated the National Labor Relations Act by discharging two employees because of their participation in a Facebook discussion about their employer’s State income tax withholding mistakes,...

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Employer’s Warning Violates NLRA, Board Rules

An employer’s verbal warning for “continued frivolous requests for information…and interfering with the operation of the business,” directed to a shop steward who made two  requests to the employer for...

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NLRB Requires Employers to Let Employees Use Workplace Email Systems for...

In a landmark and not-unexpected ruling, the National Labor Relations Board decided today to require employers to allow their employees to use company email systems for Section 7 (union organizing and...

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NLRA Protection Accorded Class or “Collective” Action Brought By Single-Employee

The National Labor Relations Board has decided that “a single employee who files a lawsuit ostensibly on behalf of himself and other employees is engaged in protected concerted activity.” (Emphasis...

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Non-Union, Specialty Lights Maker Must Return Work from Mexico, Federal...

The NLRB properly found a non-union employer unlawfully retaliated against striking employees and violated the National Labor Relations Act by transferring work from Illinois to Mexico, the federal...

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NLRB General Counsel Concludes Division I Scholarship Football Players are...

Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F....

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NLRB GC Instructs Regions to Hold on Class Action Waiver Cases Until Supreme...

The General Counsel of the National Labor Relations Board has instructed Regional Offices to hold in abeyance cases involving mandatory arbitration agreements with opt in or opt out clauses. Regions...

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Supreme Court Delays Oral Argument in Class Action Waiver Cases

The United States Supreme Court has notified the parties in National Labor Relations Board v. Murphy Oil USA, Case No. 16-307; Epic Systems Corp. v. Lewis, Case No. 16-285; and Ernst & Young LLP v....

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Short List of Possible Trump NLRB Candidates Reported

President Donald J. Trump has narrowed his list of candidates to fill the two open seats on the five-member National Labor Relations Board to Marvin Kaplan, William Emanuel, and Douglas Seaton,...

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DOL Chief Nominee Acosta’s Hearing Scheduled for March22

The hearing on Alexander Acosta’s nomination to become Secretary of Labor has been scheduled for March 22. The hearing, in front of the Senate Health, Education, Labor and Pensions Committee,...

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Miscimarra Named NLRB Chairman

The National Labor Relations Board has announced that Republican Philip A. Miscimarra has been named NLRB Chairman by President Donald J. Trump.  Miscimarra had been designated Acting Chairman by...

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Solicitor General Reviewing Government’s Position in Class Action Waivers Cases

Last week, the Supreme Court extended the deadline for initial briefs from April 28, 2017 to June 9, 2017 in three consolidated cases raising the issue whether arbitration agreements between individual...

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President to Nominate Republican Attorneys to Fill Labor Board Vacancies

Attorneys Marvin Kaplan and William Emanuel will be nominated by President Donald J. Trump to fill the two openings on the five-member National Labor Relations Board, according to the Daily Labor...

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Labor Board Allows Evidence to Explain Employee Handbook Ban on Video Recording

The National Labor Relations Board has denied a motion for summary judgment by the NLRB’s General Counsel in a case involving Mercedes-Benz U.S. International Inc.’s maintenance of an employee handbook...

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