Difference between Employee and Non-Employee Off-Duty Access Policies

The NLRB and courts recognize that off-duty employees have greater rights than non-employees when it comes to accessing the employer’s property to engage in protected activity. The NLRB applies a three-part test to determine if an employer’s off-duty access policy is valid under the National Labor Relations Act. An off-duty access policy is valid only…
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Will New NLRB Stop Protecting Unlawful Employee Conduct?

Something is wrong when the EEOC can find an employer liable for tolerating racist or sexist remarks by employees, and the NLRB can find an employer liable for not tolerating racist or sexist remarks by employees. But that is the quandary employers are left with after eight years of watching the Obama NLRB change laws…
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NLRB Says Loud, Profane, Obnoxious, Stalking Employee Discipline was Unlawful

Cheryl Walton, an employee of the United States Postal Service was, for lack of a better term, a troublemaker. She was loud, aggressive, confrontational, and had a reputation for regularly using profanity. During a meeting with her supervisor she became agitated and cut the meeting short. Upset, Walton shook her finger and yelled, “I can say…
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NLRB Overturned Decision that Pro-Union Buttons Violated Work Rules

The Daily Grill, a “traditional American grill” restaurant in Los Angeles, prohibited its employees from wearing union buttons while interacting with customers. Although employees had been allowed to wear buttons such as “trainer” and “anniversary” pins, the restaurant threatened to discipline or sent home early several employees who, during a union organizing drive, wore one inch…
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Worker Complaints Over Tips Not Protected Says NLRB

The firing of a New York airport porter who refused to help a French soccer team with their bags, saying they were “poor” tippers, was legal because the complaint about tips was not a protected concerted employment activity, a NLRB judge ruled Friday. The NLRB brought the case, claiming that the worker’s complaint about the…
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Single Employee Filing Class Action Lawsuit Engages in Protected, Concerted Activity

Remember when the NLRB expanded the definition of protected, concerted activity to times when an employee talks to himself? How about when an employee files a sexual harassment claim for the way a supervisor treated her? Now, the Board has expanded it to times when an employee does not even communicate or solicit assistance of…
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