Employers may lawfully maintain a rule or policy against moonlighting under a recent ruling by the NLRB, provided they do not use the rule to prohibit or discipline employees for engaging in protected activity.
The NLRB has ruled that employers no longer need overlook the use of obscene, racist or abusive language in the workplace by employees who are engaged in activity protected by the National Labor Relations Act.
The final rule will provide businesses "clarity, stability and predictability" in determining whether they are joint employers of another business's employees under federal labor law, the National Labor Relations Board (NLRB) said.
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