While it may come as a surprise, the NLRB has long held that employees are sometimes entitled to use profane language while engaging in labor activities. In recent years, the
Continue Reading NLRB may revisit the limits of profane employee speech protected by federal labor law
Protected Concerted Activity
Remember, Protected Concerted Activity Can Take Many Forms…
By Fox Rothschild LLP on
On April 20, 2018, the National Labor Relations Board, by adopting an ALJ’s decision, held that employees who replied in agreement to another employee’s critical group email about the employer’s…
Continue Reading Remember, Protected Concerted Activity Can Take Many Forms…
NLRB Rules That Workplace Recording Prohibitions Are Unlawful
By Andrew M. MacDonald on
Now that most, if not all, employees have smartphones with cameras in their pockets at all times, some employers have prohibited recording in the workplace. However, recent decisions by the…
Continue Reading NLRB Rules That Workplace Recording Prohibitions Are Unlawful
Should Employers Condone Racist Comments? According to the NLRB, and the Eighth Circuit, It Depends.
By Fox Rothschild LLP on
Racist comments, similar to other forms of employee misconduct (e.g., workplace violence or theft), usually result in termination. Anyone with an ounce of common sense knows this. The…
Continue Reading Should Employers Condone Racist Comments? According to the NLRB, and the Eighth Circuit, It Depends.