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Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act (the Act) protect employees from retaliation for concerted protected activity. Protected concerted activity generally involves two or more employees discussing working conditions like pay, benefits, etc.

One of the employees who lost his job at Twitter this month — a plaintiff in the WARN lawsuit we discussed yesterday — claims that his protected concerted activity motivated the company to end his employment. Continue reading

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It depends on who you ask. According to the plaintiffs and their counsel in this recently filed first amended complaint, the social media giant violated the federal Worker Adjustment and Retraining Notification Act (WARN). One of the plaintiffs upped the ante with a separate unfair labor practice charge, which he filed at the National Labor Relations Board. He claims that Twitter violated Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act by laying him off in retaliation for concerted protected activity.

So, let’s talk about these two federal workplace laws. Continue reading

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In my many years of practicing employment law, I’ve seen hostile work environment accusations leveled against owners, supervisors, co-workers, subordinates, customers, vendors, and many others.

But accusing a young child of racial discrimination is a new one for me. Continue reading

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This situation comes up fairly often. An employee with a disability can’t perform their job, and needs leave to recover and return to work.

We know that indefinite leave is not a reasonable accommodation. But what about taking leave with only an “expected” return to work date? Is that too indefinite to be unreasonable? Continue reading

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