NLRB rules Maryland brewery unlawfully fired employee for discussing overtime and breaks and reporting to state labor agency
Key points
- The NLRB found Notch 8 Brewery's operator unlawfully fired a bartender trainee
- The employee was fired after discussing overtime and breaks with coworkers and reporting to the Maryland Department of Labor
- The Board found later justifications pretextual and such activity protected under the NLRA
The NLRB held that Pepperjacks, LLC (d/b/a Notch 8 Brewery), a Maryland restaurant and brewery operator, unlawfully fired a bartender trainee who discussed overtime and break issues with coworkers and reported them to the Maryland Department of Labor. The Board found the company's later justifications, including alcohol violations, theft and job abandonment, were pretextual. It held such activity is protected concerted activity under the NLRA.
What employers should do
- Review termination decisions following employee complaints about pay or hours, and document independent, consistent grounds
- Avoid adverse action for employees discussing overtime or breaks with coworkers or reporting to government agencies
Policy details
- Jurisdiction
- Federal (NLRB)
- Status
- Enforcement action
- Effective date
- —
- Employers covered
- Employers covered by the NLRA
- Official source
- Official source pending
Original report: NLRB Edge ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.