Labor Law - Protected Concerted Activity

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’

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 Ju

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 S

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 previou

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

On Wednesday, August 2, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its long-awaited decision in Stericycle, Inc. , 372 NLRB No. 113 (2023) wherein it adopted a new legal framework for assessing whether workplace rules violate the National Labor Relations Act (“NLRA”).

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”).

If you read our blog, you know that the National Labor Relations Board (“NLRB” or the “Board”) has been feeling particularly spicy this year. Well, they are at it again, and this time, they’ve issued a decision in Stericycle, Inc. that requires a very close look at your handbooks and policies.

The National Labor Relations Board has again revised its standard for assessing whether an employer’s facially neutral work rules (rules that do not explicitly restrict Section 7 activities) unlawfully restrict employee activity protected under the National Labor Relations Act. Stericycle, Inc. , 37

The National Labor Relations Board has narrowed the rights of employers to discipline employees who, while engaged in protected concerted activity under the National Labor Relations Act, engaged in abusive conduct. Lion Elastomers LLC , 372 NLRB No. 82 (2023).

On August 2, the National Labor Relations Board issued its decision in Stericycle, Inc., adopting a new legal standard for how the Board will evaluate workplace rules and policies that are challenged on the grounds that they interfere with or restrict employees’ National Labor Relations Act rights t

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act (NLRA)—that may require employers to narrowly tailor rules to avoid violating the

Two important principles under the National Labor Relations Act are worth reiterating to construction employers: first, employees cannot be disciplined for engaging in activity protected by that Act; and, second, employers may still discipline employees in the wake of protected activity as long as t

The National Labor Relations Board (NLRB) has returned to its pre-2020 “setting-specific” standards for determining whether an employee’s abusive conduct is protected by the National Labor Relations Act. Lion Elastomers LLC II , 372 NLRB No. 83 (May 1, 2023). The decision applies retroactively to al

The NLRB Limits Employers' Ability to Discipline Employees for Harassing, Abusive, Racially Offensive Conduct Occurring Amidst Protected Activity

On May 1, 2023, the National Labor Relations Board (NLRB) issued a decision in Lion Elastomers LLC II that changes the standards relating to discipline or discharge of workers who cross the line with offensive or abusive conduct while engaging in activity protected by the National Labor Relations Ac