Articles Discussing Protected Concerted Activity Under The NLRA.

Third Circuit Affirms NLRB’s Totality of the Evidence Test in Finding that a Single Employee’s Conduct Constituted Protected Concerted Activity

On June 23, 2025, in Miller Plastic Products Inc. v. National Labor Relations Board, the Third Circuit ruled that substantial evidence supported the Board’s determination that a single employee’s conduct

A manager texting one of his drivers who covered the truck’s inward facing camera while stopping for lunch – “you can’t cover the camera it’s against company rules” – is not unlawful under the National Labor Relations Act (NLRA), according to a recent decision by the D.C. Circuit Court of

Colorado agency issues rules governing the Protections for Public Workers Act (PROPWA), which provides Section 7-type rights to certain Colorado public employees. The rules, which clarify protected activity, reserve certain public employer rights, and establish enforcement mechanisms, take effect July 1, 2024.

Last week, the National Labor Relations Board ruled that Home Depot violated an employee’s rights under Section 7 of the National Labor Relations Act by requiring them to remove the “BLM” (the acronym for “Black Lives Matter”) insignia from their orange work apron.

The National Labor Relations Board (the “NLRB”) recently issued a new decision, Stericycle, Inc., that broadly affects how most employers will think about their employment handbooks and policies. Employer should consider implementing a number of best practices to reduce their risk.

Last May, NLRB General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08 claiming employers that require non-compete agreements violate the National Labor Relations Act.

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 the definition of what constitutes “protected concerted activity” under Section 7 of the National Labor

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. 134 (Aug. 25, 2023). Employee activity will be assessed under the previous tests of Meyers Industries Inc., 281 NLRB 882 (1986), using a holistic, fact-based approach to determine whether individual complaints or protests have a link to group action.

General workplace rules are considered “presumptively unlawful” under the new NLRB standard if they could be interpreted to limit employee rights.

For Questions / More Information

To discuss how the Stericycle decision affects your organization, and for assistance in reviewing and revising your workplace policies, please contact your HRW attorney or:

Alicia Ward (award@hrwlawyers.com / 617-348-4357) Pete Moser (pmoser@hrwlawyers.com / 617-348-4323); Jeff Hirsch (jhirsch@hrwlawyers.com / 617-348-4315); or Any member of the HRW Team.

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On August 2, 2023, in Stericycle, Inc., 372 NLRB No. 113 (2023), the National Labor Relations Board adopted a strict new legal standard for evaluating the validity of workplace rules under the National Labor Relations Act (“the Act”).