News & Analysis as of August 2, 2025

Termination

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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 -

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

Littler on 7/10/2025

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 was protected...more

National Labor Relations Board Affirms Employee's Right to Complain at Team Building Lunch

Parker Poe Adams & Bernstein LLP on 6/7/2019

When employers establish internal forums for employee comments, they may not anticipate that employees will use this as an opportunity to criticize the company and management. Employers also may not realize that such...more

The Long Reach of the National Labor Relations Act

Foley & Lardner LLP on 8/12/2015

Non-union employers are often under the misimpression that they are not affected by the National Labor Relations Act (NLRA) — the federal statute governing union-related issues in the private sector. A recent court decision...more

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Protected Concerted Activity › Appeals › Termination

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

National Labor Relations Board Affirms Employee's Right to Complain at Team Building Lunch

The Long Reach of the National Labor Relations Act

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