Protected Obscenity – Second Circuit Affirms NLRB’s Holding that Employee’s Facebook Posting of Swear Words and Attacks on Supervisor’s Family are Protected Activity Under the NLRA

Employers often struggle to determine whether offensive statements by an employee in the course of union organizing or advocacy are “protected concerted activity” under the National Labor Relations Act (NLRA).  If protected, the employer is...

DirecTV v. NLRB: The increasingly blurry line between protected employee activity, lies and disloyalty in statements to third-parties

Most employers are aware that the National Labor Relations Act (“NLRA”) gives employees the right to engage in certain protected activity, which may include airing complaints about their work or pay outside of the workplace...