Protected Workplace Misconduct: Navigating Setting-Specific Standards While Preventing Discrimination
Lion Elastomers’ Impact on Union and Non-Union Employers
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will focus on the NLRB's decision reviving setting-specific standards to be considered before disciplining employees for misconduct. The panel will discuss best practices for applying the standards and advise on how to avoid an unfair labor practice (ULP) while preventing discrimination in the workplace.
Outline
- Summary of history of NLRB decisions leading to Lion Elastomers II
- The three setting-specific standards to determine whether misconduct may be considered protected activity and best practices for employer application of the standards
- Outbursts to management in the workplace (Atlantic Steel test)
- Social media posts (totality of the circumstances test)
- Abusive picket line conduct (Clear Pine Mouldings standard)
- Assisting clients in navigating conflicting obligations between NLRA compliance and preventing discrimination claims
Benefits
The panel will review these and other noteworthy issues:
- What are the three setting-specific standards revived by the NLRB that should be considered by union and non-union employers before disciplining employees for workplace misconduct?
- How to apply the standards to determine whether workplace misconduct may be considered protected concerted activity
- How to apply the standards when an employee commits multiple acts of misconduct under varying circumstances
- How to assist employers in navigating conflicting obligations under the NLRA while also preventing discrimination and harassment in the workplace
Faculty
John S. Bolesta
Special Counsel
Sheppard Mullin
Mr. Bolesta represents management in a wide variety of labor and employment litigation matters. He represents clients... | Read More
Mr. Bolesta represents management in a wide variety of labor and employment litigation matters. He represents clients in a broad range of industries during union organizing attempts and litigation before the NLRB, contract negotiation and labor arbitrations. Additionally, Mr. Bolesta advises clients on best practices in employee relations and the development of comprehensive labor strategies to preserve the ability to maintain direct relationships with employees. He also regularly counsels clients on all aspects of federal, state, and local equal employment opportunity and fair employment practices laws and regulations, and regularly advises clients on confidentiality, trade secrets and noncompete matters.
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Laura Lawless
Partner
Squire Patton Boggs
Ms. Lawless is a trial lawyer who represents employers before federal and state courts and administrative agencies, as... | Read More
Ms. Lawless is a trial lawyer who represents employers before federal and state courts and administrative agencies, as well as in arbitration and mediation proceedings, defending employers in matters arising under federal and state employment laws, including claims of discrimination, harassment, retaliation, whistleblower retaliation, wrongful termination, wage and hour violations, and breach of contract, as well as in noncompetition, nonsolicitation, nondisclosure, trade secret and unfair competition cases. She also counsels and collaborates with human resources professionals, including assisting in workplace investigations, auditing wage and hour practices, reviewing and advising on leaves of absence, preparing executive employment agreements and separation agreements, drafting employment policies and handbooks, among other matters. Ms. Lawless is also a frequent contributor and speaker on employment and labor law topics.
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