Employee Outbursts Under the National Labor Relations Act

Labor and employment partner Matthew Fontana authored an article for The Legal Intelligencer that discusses the National Labor Relations Board’s (NLRB) recent decision granting employees the leeway to make inappropriate comments at work so long as those comments are connected in some way to terms and conditions of employment.

Fontana provides an overview of the decision, noting that the NLRB has reinstated three preexisting specific standards for outbursts in confrontations with supervisors or managers, in interactions with coworkers in the workplace and on social media, and on the picket line.

Fontana says union and nonunion workplaces should pay attention to the NLRB’s aggressive protection of employee outbursts.