News & Analysis as of

Protected Concerted Activity

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... more +
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 -
BakerHostetler

Lies, Wages and the NLRA: How Employee Dishonesty Can Still Be Protected

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As the newly reconstituted National Labor Relations Board (NLRB or the Board) begins clearing its backlog of cases, employers are watching closely to see how far it may go in reshaping long‑standing Board precedent. One issue...more

Arnall Golden Gregory LLP

AGG Talks: Solving Employers’ Problems | Episode 11: Navigating Political Speech in the Workplace: What Employers Can (and Can’t)...

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In this episode, AGG Employment attorneys Ashley Kelly, Theresa Kananen, and Lindsey Locke share what employers need to know about political speech in today’s workplace. They address common misconceptions about the First...more

Fisher Phillips

Is the Law on Handbooks Changing Again? 5 Steps for Employers After NLRB General Counsel’s New Guidance on Work Rules

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The National Labor Relations Board’s General Counsel just issued guidance last week addressing how Regional Offices should approach enforcement of unfair labor practice charges involving employer work rules and handbook...more

Roetzel & Andress

Illinois Employment Law Update: New Requirements Under the Workplace Transparency Act

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As of January 1, 2026, employers are required to adhere to certain increased compliance obligations created by recent amendments to the Illinois Workplace Transparency Act (“IWTA” or the “Act”). The IWTA generally imposes...more

Venable LLP

Workplace Recordings in the Digital Age: Balancing Employee Rights and Employer Protections

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From virtual meetings to security cameras and smartphones, or even AI glasses and recordings, employees are finding new and novel ways to capture workplace discussions and settings more easily....more

Smith Anderson

$1.2M NLRB Health Care Center Settlement Underscores Risk of Missteps During Provider Union Organizing

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A Colorado health center’s operational changes became a seven-figure labor law lesson. In January 2026, the National Labor Relations Board (NLRB) approved a $1.2 million settlement after finding that several healthcare...more

Hinckley Allen

New Year, New Laws: Overview for Employers to Prepare for 2026

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The start of a new year is an excellent time for employers to review their policies, procedures, and agreements to ensure they are aware of and comply with laws taking effect in 2026. Our attorneys closely track...more

Brooks Pierce

Politics at the Water Cooler: An Employer’s Guide to Navigating Political Speech in the Workplace

Brooks Pierce on

From the inauguration of the new presidential administration to the conclusion of the recent government shutdown, we saw no shortage of consequential political events in 2025....more

Jackson Lewis P.C.

The Hidden Legal Minefield: Compliance Concerns with AI Smart Glasses, Part 3 –Privacy, Surveillance, and Labor Law Violations

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As we have discussed in prior posts, AI-enabled smart glasses are rapidly evolving from niche wearables into powerful tools with broad workplace appeal — but their innovative capabilities bring equally significant legal and...more

Mayer Brown

Employers Should Review Upcoming Changes to the Illinois Workplace Transparency Act

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With the new year approaching, Illinois employers should be mindful of recent amendments to the Illinois Workplace Transparency Act (IWTA). These amendments, which take effect on January 1, 2026, provide additional...more

Saul Ewing LLP

Special Circumstances: Home Depot, the Black Lives Matter Movement, and the Intersection of Concerted Speech and Business...

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The United States Court of Appeals for the Eighth Circuit recently issued an opinion reversing a National Labor Relations Board (NLRB) ruling that held that the National Labor Relations Act (NLRA) precluded Home Depot from...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Enacts Broader Prohibitions on ‘Captive Audience’ Meetings

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On September 3, 2025, Governor Phil Murphy signed Assembly Bill No. 4429 (A4429), which amends the state’s “captive audience” law by expanding the restrictions on employer-mandated communications and meetings concerning...more

Saul Ewing LLP

Protected Wage Talk: Ninth Circuit Reaffirms Employees' Right to Discuss Wages

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On October 25, 2025, the United States Court of Appeals for the Ninth Circuit reaffirmed a fundamental protection under the National Labor Relations Act ("NLRA"): employees' right to discuss their wages and other terms of...more

Foley & Lardner LLP

Ninth Circuit Ruling Upholds Employee Speech Amid Stalled NLRB

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Like it or not, social media has become the backdrop of almost everything we do. It’s how many people read the news, interact with friends and family, and vent after a long workday....more

BakerHostetler

Federal Court’s Decision Overturning Labor Board on Employee Political Speech Creates More Questions than Answers

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In a northeast suburb of Minneapolis, Minnesota, Home Depot employees alleged that the company permitted racially intolerant behavior by co-workers in the wake of George Floyd’s murder in 2020, which occurred less than 7...more

Wiley Rein LLP

Eighth Circuit Upholds Businesses’ Discretion to Control Their Own Brands

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In a recent decision, the Eighth Circuit held that a retailer could, consistent with the National Labor Relations Act, terminate an employee who displayed a political message on the company-branded uniform. In doing so, the...more

CDF Labor Law LLP

8th Circuit Backs Home Depot in “BLM Apron” Case

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The Eighth Circuit Court of Appeals recently sided with Home Depot in a dispute over whether an employee’s “Black Lives Matter” message on a work apron was protected under the National Labor Relations Act (NLRA)....more

Akerman LLP - HR Defense

Legal Boundaries of Workplace Expression: Lessons from the BLM Display Decision

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Although employers cannot routinely rely on “special circumstances” to restrict employee expression in the workplace, a recent federal court decision confirmed that employees’ rights in this area are not unlimited....more

Benesch

Eighth Circuit Clarifies When Employers May Restrict Employees' Social or Political Expression

Benesch on

On November 6th, 2025, the  U.S. Court of Appeals for the Eighth Circuit vacated a National Labor Relations Board (NLRB) ruling that found Home Depot unlawfully terminated a Minnesota employee who refused to remove a Black...more

Proskauer - Labor Relations Update

Context Matters: Eighth Circuit Backs Home Depot’s Ban on BLM Apron Message Due To “Special Circumstances”

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On November 6, 2025, the Eighth Circuit vacated and remanded a split decision from the National Labor Relations Board (“NLRB” or “Board”), holding that the Board improperly rejected Home Depot’s “special circumstances” and...more

Husch Blackwell LLP

Expansion of Illinois Workplace Transparency Act Requires Update to Employment Agreements

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Amendments to the Illinois Workplace Transparency Act (WTA) under HB 3638 introduce new requirements and restrictions on employment agreements addressing workplace misconduct, effective for agreements entered into, modified,...more

Woods Rogers

Uniform Policies: What Employers Need to Know After Home Depot v. NLRB

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Employers enforcing uniform policies just got a clearer framework from the Eighth Circuit’s decision in Home Depot U.S.A. v. NLRB. The decision, handed down on November 6, 2025, was a major pushback against the NLRB’s stance...more

Fisher Phillips

Federal Appeals Court Sends “BLM” Case Back to Labor Board: What This Means for Workplace Policies

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The 8th US Circuit Court of Appeals just handed employers a significant win yesterday by vacating a National Labor Relations Board (NLRB) decision involving an employee who displayed the letters “BLM” (for “Black Lives...more

Akerman LLP

The Right to Talk Pay: What Employers Need to Know Under the NLRA

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The Ninth Circuit issued a reminder to all employers that employees discussing wages generally qualifies as protected activity under Section 7 of the National Labor Relations Act (NLRA). Accordingly, all employers need to be...more

FordHarrison

Social Media, Free Speech, and the Workplace: Navigating the Modern Legal Landscape

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The intersection of protected speech and employment law continues to challenge employers striving to maintain productive, inclusive workplaces. In the social media era, conversations that once stayed in the break room can...more

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