John Lewis Comments on Potential Shift in What Constitutes Protected Concerted Activity by Workers

News / May 23, 2018

Partner John Lewis is quoted in an article published by Bloomberg BNA’s “Labor Relations Week” newsletter on May 23, 2018. The article, “Did High Court Signal a Further Cutback of Worker Rights?” examines the possibility that the recent U.S. Supreme Court ruling that upholds mandatory arbitration and class action waivers in employment agreements may signal the potential narrowing of workers’ rights in other areas.

Lewis told the publication that the ruling supports limiting what constitutes protected concerted activity to actions that are “more directly involved in organizing and traditional bargaining.” He noted that the Supreme Court’s language may signal a move away from “a very expansive reading” of concerted activity that has included protections for workers’ social media posts and even profane outbursts in the workplace.

Read the article (registration required).