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NLRB expands protections for workplace misconduct, **#@@!

August 2023 employment law letter
Authors: 
Grant T. Collins, Felhaber Larson

In a recent decision, the National Labor Relations Board (NLRB) revived the “setting-specific standards” for determining whether an employee lost the protection of the National Labor Relations Act (NLRA) when engaged in “workplace misconduct” in connection with activity that is also protected by Section 7 of the Act. The case is important because an employee who engages in “workplace misconduct” may be insulated from discipline if the misconduct took place in connection with activity protected by the NLRA.

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