News & Analysis as of September 18, 2024

Protected Concerted Activity › Section 7

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The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union. less -

Interview Exchange Leads to Unfair Labor Practice Claims

Parker Poe Adams & Bernstein LLP on 8/16/2024

This week, Elon Musk interviewed former President Trump on his social media platform X. During the interview, the two participants discussed their response to a hypothetical strike at Musk’s Tesla production facility. Trump...more

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

Littler on 7/25/2024

On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more

Employee Handbooks Remain Under Board Attack

BakerHostetler on 6/21/2024

During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more

Employers May Face More Liability for Unlawful Work Rules Under NLRB General Counsel’s New Memo: Key Points and What You Can Do to...

Fisher Phillips on 4/23/2024

Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more

Managers Not Protected by NLRA Concerted Activity Rules

Parker Poe Adams & Bernstein LLP on 4/12/2024

Over the past few years, the National Labor Relations Board has taken aggressive measures to extend labor law protections to some non-unionized employees. These decisions have involved employer policies restricting social...more

NLRB Continues Assault on Noncompete Agreements

Parker Poe Adams & Bernstein LLP on 3/8/2024

As we have previously covered in EmployNews, in June 2023, the general counsel for the National Labor Relations Board (NLRB) released a memo arguing that most noncompete agreements violate Section 7 of the National Labor...more

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

BakerHostetler on 3/1/2024

On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

Employers Need to Review Workplace Rules and Policies Following Recent NLRB Decisions

Laner Muchin, Ltd. on 2/28/2024

On August 22, 2023, we advised all employers—whether their workforces are unionized or not—about the National Labor Relations Board (NLRB) decision in Stericycle, Inc. In Stericycle, the NLRB articulated its new standard in...more

Year-End Tasks for US Employers Facing Compliance Obligations

Cooley LLP on 12/19/2023

In recent years, we have seen numerous notable employment and labor law developments annually, and 2023 was no exception. As the year comes to a close, US employers should take time to prepare for 2024 by reviewing their key...more

What Is Concerted Activity? The NLRA Again Alters the Parameters of Concerted Activity, Creating Uncertainty for Employers

Venable LLP on 11/28/2023

Employers are confronting yet another expansion of what constitutes protected employee concerted activity under Section 7 of the National Labor Relations Act (NLRA). As employers well know, Section 7 guarantees employees "the...more

The Practical NLRB Advisor: Fall 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/10/2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided...more

NLRB Broadens What Constitutes Protected Concerted Activity

Miles & Stockbridge P.C. on 9/18/2023

The National Labor Relations Board in August broadened the scope of what constitutes “protected concerted activity” under federal labor law with two key decisions. In Miller Plastic Products, Inc., 372 NLRB No. 174 (2023),...more

NLRB Expands Section 7 Protections to Include Advocacy for Non-Employees and Beyond

Littler on 9/11/2023

On August 31, 2023, the National Labor Relations Board issued its 3-1 decision in American Federation for Children, Inc. 372 NLRB No. 137, overturning Amnesty International, 368 NLRB No. 112 (2019), and dramatically expanding...more

Labor Board Once Again Shifts the Scales to Ensure More Employee Conduct is Considered Protected Concerted Activity

Fisher Phillips on 9/8/2023

The National Labor Relations Board has once again overturned employer-friendly precedent by making it more likely that individual employee gripes – whether in a union or non-unionized workplace – will be deemed protected...more

Handbook Changes on the Horizon, There’s a New NLRB Sheriff in Town‎

Schwabe, Williamson & Wyatt PC on 9/7/2023

On August 2, 2023, the National Labor Relations Board (“NLRB”), with a majority of members nominated by President Biden, issued a long-awaited decision in Stericycle, Inc. and Teamsters Local 628 (372 NLRB No. 113 (2023))...more

NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees

Seyfarth Shaw LLP on 9/7/2023

On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor...more

NLRB Expands Scope of What Is Considered Protected Concerted Activity in Workplaces

Sheppard Mullin Richter & Hampton LLP on 9/7/2023

On August 31, 2023, the National Labor Relations Board (“NLRB” or “Board”) adopted a broader test for what is considered “protected concerted activity” under the National Labor Relations Act (“NLRA” or the “Act”). Section 7...more

Labor Board: Employee Protected Concerted Activity Determined by Totality of the Circumstances

Jackson Lewis P.C. on 9/6/2023

The National Labor Relations Board has returned to the “totality of the circumstances” test for determining when individual employee action constitutes protected concerted activity. Miller Plastic Products, Inc., 372 NLRB No....more

Handbooks and Policies - Time to Revise Them After NLRB Ruling, or Another Pendulum Swing?

Lathrop GPM on 8/31/2023

The answer after the Stericycle ruling is likely “both.” As the composition of the NLRB (National Labor Relations Board) changes, the roller coaster continues, making it difficult for businesses – whether private,...more

Snapshot on Manufacturing Industry: Your Handbook Might Need Immediate Changes

Fisher Phillips on 8/31/2023

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is...more

NLRB Sets New Standard for Evaluating Workplace Rules

Venable LLP on 8/29/2023

On August 2, 2023, the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023), which creates a new standard for evaluating whether a company's workplace rules violate the National...more

Employer Work Rules Need Review Due To NLRB Strict New Standard

Laner Muchin, Ltd. on 8/22/2023

On August 2, 2023, the National Labor Relations Board (NLRB) issued its decision in Stericycle, Inc., in which it articulated its new standard for evaluating whether employer work rules are impermissible under the National...more

Reversing an Earlier Decision, the NLRB Insinuates Itself Further Into the Non-Union Workplace

Nutter McClennen & Fish LLP on 8/21/2023

In Stericyle, Inc., issued on August 2, 2023, the National Labor Relations Board (NLRB) discarded an earlier decision and established a new test for determining whether an employer’s work rule constitutes an unfair labor...more

Labor Board Signals Continued Expansion of Employee Rights: Your Questions Answered

Fisher Phillips on 8/21/2023

A recent Advice Memo issued by the Office of the General Counsel of the National Labor Relations Board (NLRB) provides all employers – union and non-union alike – with yet another warning that more of your employment...more

In light of recent NLRB decision, employer workplace rules face more aggressive scrutiny

Constangy, Brooks, Smith & Prophete, LLP on 8/17/2023

The National Labor Relations Board swung to a Democratic majority after the 2020 election of President Joe Biden. That majority has been almost continually dismantling standards established by the Republican majority Board...more

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Protected Concerted Activity › Section 7

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