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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Inherently Concerted Activities
On March 31, 2021, Peter Sung Ohr, Acting General Counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a Memorandum (GC 21-03) to all NLRB Regional Offices outlining his perspective regarding the prosecution of charges involving whether … Continue reading
Posted in NLRB
| Tagged Concerted Activity, NLRA, NLRB, Protected Concerted Activity
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Criticizing the Employer’s Workplace Diversity and Inclusion Policies
Section 7 of the National Labor Relations Act (the Act) gives employees the right to engage in “concerted activities” for “mutual aid or protection.” In general, “concerted activities” are activities or conduct by employees with or on the authority of … Continue reading
Employers May Require Confidentiality During Ongoing Disciplinary Investigations and Prohibit Use of Company Equipment for Nonbusiness Purposes
Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. For more information, click here.
Posted in Confidentiality, Labor, NLRA, NLRB, Snell & Wilmer
| Tagged NLRA, NLRB, Obama, Protected Concerted Activity, Unions
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Concerted Activity or Mere Griping?
Employees have the right to engage in concerted activities, and employers commit unfair labor practices if they retaliate against employees for engaging in those activities. It is important to understand the concept of concerted activity. In order to find that … Continue reading
Employers May Prohibit Non-Employees From Organizing On The Employers’ Property
On Friday, June 14, 2019, the National Labor Relations Board (“NLRB” or “Board”) issued a decision of significance to employers. In particular, the NLRB decision affects employers, such as hospitals and hotels, that have areas of their property open to … Continue reading
Concerted/Protected Activities: Single Employee Complaints
We frequently confront the question of whether complaints by a single employee to a supervisor about some condition of employment, such as double standard with respect to disciplinary actions against employees or favoritism in job assignments, constitute concerted/protected activity. Concerted/protected … Continue reading
Posted in Labor, NLRA, NLRB
| Tagged Complaint, Concerted Activity, Mutual Aid or Protection, Protected Activity, Protected Concerted Activity, Single Employee Complaint
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NLRB’s Email Rule May Be Coming to an End
In its 2014 decision Purple Communications Inc. and Communication Workers of America, the NLRB ruled that employees could generally use employers’ email systems to organize or engage in other concerted activities protected by Section 7 of the National Labor Relations … Continue reading
Posted in Handbook, Labor, NLRA, NLRB, Unions
| Tagged Company Email, Labor, NLRA, NLRB, Policy, Protected Communications, Protected Concerted Activity, Purple Communications, Section 7
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Supreme Court Blesses Employers’ Use of Class Action Waivers
As previously reported on October 13, 2017, see here, the Federal Courts of Appeal were evenly divided on the question of whether class action waivers contained in otherwise enforceable employment arbitration agreements were permissible. Three Courts of Appeal, i.e., the … Continue reading
Posted in Class Action, NLRA, NLRB
| Tagged Class Action Waiver, Employment Arbitration Agreements, Protected Concerted Activity, SCOTUS, Section 7, Supreme Court
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Employees Use of Their Employers’ Email Resources for Union Activities
In Purple Communications Inc., 361 NLRB No. 126 (December 11, 2014) the NLRB reversed established precedent that employees did not have statutory rights to use their employers’ email resources for union activity. In that case, the Board held that employees … Continue reading
Posted in NLRA, NLRB
| Tagged Administrative Law Judge, Board, Email, Ninth Circuit, Protected Communications, Protected Concerted Activity, Purple Communications, Region 28, Robert A. Cole, Trump, Union Activities, Unions, Voicemail
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Labor Law Meets the NFL Anthem Protests
Recently, Jerry Jones – the outspoken owner of the Dallas Cowboys – announced an official policy that any of his players who kneeled during the national anthem would be benched. On October 11, United Labor Unions Local 100, based in … Continue reading
Posted in NLRA, NLRB, Unions
| Tagged NLRB General Counsel Guidelines, Protected Concerted Activity
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