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Concerted Activity or Mere Griping?

Employees have the right to engage in concerted activities, and employers commit unfair labor practices if they retaliate against employees for engaging in those activities. It is important to understand the concept of concerted activity. In order to find that an employee has engaged in concerted activity, it must be shown that: 1) the activity […]

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Of Counsel

Employers May Prohibit Non-Employees From Organizing On The Employers’ Property

On Friday, June 14, 2019, the National Labor Relations Board (“NLRB” or “Board”) issued a decision of significance to employers. In particular, the NLRB decision affects employers, such as  hospitals and hotels, that have areas of their property open to the public. Reversing established precedent, the Board held that employers may prohibit non-employee union representatives  […]

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Of Counsel

In Case You Missed It . . .

Happy New Year from Snell & Wilmer’s Labor and Employment Blog! In case you missed them, here are some of the highlights from 2018: Employment Do you have a “100 percent healed” policy? You may reconsider it after reading this. Does your employee handbook need a makeover? Here are tips to help your policies and […]

| 1 min read
Former Associate

Can California Payroll Companies Be Held Liable for Wage Statement Claims?

California law provides that a payroll service provider cannot be held liable for labor code violations –  but, a California appeals court recently held that employees may pursue tort claims against payroll service providers under a theory that the payroll service provider is a third-party beneficiary of the employer’s contract with the employee. On December […]

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Former Associate

Concerted/Protected Activities: Single Employee Complaints

We frequently confront the question of whether  complaints by a single employee to a supervisor about some condition of employment, such as double standard with respect to disciplinary actions against  employees or favoritism in  job assignments, constitute concerted/protected activity. Concerted/protected activities by an  employee are those engaged in with or on the authority of other […]

Of Counsel

NLRB’s Email Rule May Be Coming to an End

In its 2014 decision Purple Communications Inc. and Communication Workers of America, the NLRB ruled that employees could generally use employers’ email systems to organize or engage in other concerted activities protected by Section 7 of the National Labor Relations Act, overturning board precedent and causing employers everywhere to scramble to update employee handbooks and […]