NLRB Finds Cursing About Customers in Restroom at Work Not Protected Activity

In recent years, the National Labor Relations Board (NLRB) has decided a number of cases regarding employee conduct that most employers consider inappropriate or unsavory, often finding it to be protected activity beyond employers’ disciplinary reach. In these decisions, the Board has taken an expansive view of the National Labor Relations Act’s protection for employees who engage in “concerted activity activities for the purpose of collective bargaining or other mutual aid or protection,” much to the chagrin of employers everywhere.