The Death of Courtesy and Civility Under the National Labor Relations Act

By | Socially Aware Blog | October 1, 2014

In 2012, the National Labor Relations Board (NLRB or the “Board”) found a “courtesy” policy unlawful. Since then, the NLRB has continued to create more and more tension between the National Labor Relations Act (NLRA or the “Act”) and employers’ legitimate interests in maintaining and enforcing workplace guidelines governing courtesy in a nondiscriminatory fashion.

When Does “Offensive” Employee Conduct Lose Protection Under the NLRA?

By | Tennessee Labor Talk | June 23, 2014

Following a trend that has developed over the last several years, the National Labor Relations Board (the “Board”) recently found that the termination of a Starbucks employee violated the National Labor Relations Act (the “NLRA” or the “Act”), even though the employee had engaged in extremely offensive, obscenity-filled conduct in the presence of customers.

Filing a Wage and Hour Class Action is Protected by the National Labor Relations Act

By | Management Memo | May 5, 2014

An NLRB Administrative Law Judge issued a Decision on April 29th in which he found that when a waiter in a restaurant in New York City, acting alone, instituted a class action lawsuit claiming violation of state or federal wage and hour laws, he was  engaging in concerted activity on behalf of himself and co-workers, even if none of those co-workers are aware of the filing.