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Labor/Employment,
Administrative/Regulatory

Apr. 2, 2021

NLRB to ‘vigorously prosecute’ retaliation for employee ‘concerted activity’

Acting General Counsel Peter S. Ohr said the board will also clarify what types of conduct is protected by federal law.

The National Labor Relations Board plans to vigorously prosecute employers who retaliate against employees for trying to improve their work conditions, and will also clarify what types of improvement-oriented conduct is protected by federal law, according to a new memorandum issued by Acting General Counsel Peter S. Ohr.

Under the National Labor Relations Act, unionized and non-unionized employees are allowed to engage in “concerte...

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