The Holidays Arrive Early for Employers at the NLRB

Since September 2017, when the Republican Party regained majority status on the National Labor Relations Board (“NLRB”) for the first time since the Obama Administration, it was anticipated that the newly configured NLRB would return...

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...