NLRB Ruling Corrects Overbroad Abusive Conduct Standard

Law360 (July 30, 2020, 4:49 PM EDT) -- It might be shocking to non-labor law practitioners, but until last week, federal labor law permitted workers to engage in racist, sexist, and overall harassing and abusive conduct so long as it was done while also engaged in activities protected by the National Labor Relations Act.

Perhaps even more shocking, employers violated federal labor law for disciplining an employee for such conduct.

Lively and even heated debates about wages, benefits, and other terms and conditions of employment between and among employees and their employers are welcomed and protected under Section 7 of the NLRA.

However, over the past 40 years, the...

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