Protected Union Related Speech and Concerted Activities
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Employers face ever-changing "free speech" protections in the workplace during a period when employees' personal opinions are becoming increasingly polarized.Employers face ever-changing "free speech" protections in the workplace during a period when employees' personal opinions are becoming increasingly polarized. This topic helps those responsible for workplace policy enforcement and discipline decisions learn to walk the increasingly fine line of protected employee speech and inappropriate employee behavior. The topic will discuss the possible protections for employee speech, including Section 7 of the National Labor Relations Act. More specifically, the information will cover the specific contours of Section 7 protected concerted activity, including when such protection exists and how such protection may be lost. The topic will also discuss enforceable social media and confidentiality policies under the National Labor Relations Board's recent decisions and guidance. After this program, you should feel confident assessing and responding to "free speech" concerns while maintaining respect in your workplace.
AuthorsStephen E. Baumann II, Littler Mendelson P.C. Adrienne Scheffey, Littler Mendelson P.C.
Free Speech in the Workplace
• First Amendment
• Off-Duty Activities Laws
• The National Labor Relations Act (NLRA)
Section 7 of the NLRA: The Increasing Relevance of Section 7 Concerted Activities
• Key Section 7 Protections for Employees
• Mere Gripes and Purely Personal Grievances
• The Limits of Section 7 Protected Activity: Atlantic Steel
• Concerted Activities on Email and Social Media
Social Media and Confidentiality Policies Under the NLRA
Best Practices in Addressing Free Speech in the Workplace