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Protected Union Related Speech and Concerted Activities

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.

95 minutes
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

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

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on August 21, 2019.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Stephen E. Baumann, II

Stephen E. Baumann, II

Littler Mendelson P.C.

Steve E. Baumann II

  • Attorney in the Denver office of Littler Mendelson P.C.
  • Practice emphasizes all aspects of traditional labor law, including union avoidance, conducting successful representation campaigns, negotiating collective bargaining agreements, responding to grievances and unfair labor practice charges, and navigating potential or actual strike activity
  • Chapter editor for The Developing Labor Law
  • J.D. degree, University of Southern California, Gould School of Law; B.A. degree, University of Colorado, Boulder
  • Can be contacted at [email protected] or 303-362-2893
Adrienne Scheffey

Adrienne Scheffey

Akerman LLP

  • Attorney in the Denver office of Akerman LLP
  • Practice includes litigating class action suits, advising and counseling employers on day-to-day employment matters, including arbitration agreements, social media policies, HIPAA policies, and data privacy concerns
  • J.D. degree, summa cum laude, University of Miami; B.A. degree, University of Colorado, Boulder
  • Can be contacted at 303-640-2512 or [email protected]
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Pay once and get a full year of unlimited training in any format, any time!


  • OnDemand Courses
  • Live Webinars
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  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 406293
Published 2019
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