News & Analysis as of August 1, 2025

Labor Relations

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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 -

Be Wary of Concerted Protected Activity

Bricker Graydon LLP on 2/14/2025

We often get a raised eyebrow or a confused look when discussing the National Labor Relations Act (NLRA) or National Labor Relations Board (NLRB). For companies free from union activity and free from following a collective...more

What Employers Need to Know About the Current State of the NLRB

Fisher Phillips on 2/5/2025

A series of game-changing moves from the White House have left employers struggling to understand the lay of the land when it comes to the nation’s labor law. Even though it might feel like we’re entering unchartered...more

Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers

Jackson Lewis P.C. on 9/22/2023

In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more

NLRB Returns to Expansive Concerted Activity Standard for Solo Employee Complaints

Vinson & Elkins LLP on 9/13/2023

It takes two to tango, but the National Labor Relations Board (“Board”) reaffirmed that it might only take one to engage in protected concerted activity. On August 25, 2023, the Board issued its decision in Miller Plastic...more

NLRB Rules Two Union Representatives Were Not Fired Over COVID-19 Concerns

Littler on 7/15/2022

On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge’s (ALJ) decision that a carpenters’ union did not...more

Prepare Now for Anticipated Labor Law Changes in 2022

Akerman LLP - HR Defense on 12/14/2021

General Counsel Jennifer Abruzzo of the National Labor Relations Board continues to make waves as she shares with employers, unions, and workers alike, her views on hot button issues at the NLRB....more

The NLRB’s New General Counsel Issues First Guidance Memorandum Foreshadowing Reversal of Key Board Decisions

Littler on 8/20/2021

There’s a new sheriff in town at the National Labor Relations Board, and she is charting a new course for the Board. On August 12, the NLRB's new general counsel (GC), Jennifer Abruzzo, issued Memorandum 21-04, instructing...more

Changing Administrations, Changing Labor Policies, Part II: The 10 Most Prevalent Issues in Labor Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/29/2021

Part one of this two-part series covered changes to U.S. labor law policies that employers can expect to see with the new administration. Part two is a brief summary of the most prevalent issues in current labor law and their...more

Labor Relations During a Pandemic: Employer Duties Under the NLRA in the Wake of COVID-19

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/11/2020

The COVID-19 outbreak implicates many different laws for employers to consider as they develop and refine their responses to rapidly changing circumstances. The National Labor Relations Act (NLRA) is just one of these laws....more

NLRB Reverses Itself on Two Obama-Era Pro-Employee Decisions

White and Williams LLP on 12/30/2019

Closing out 2019, the National Labor Relations Board (NLRB or the Board) issued two final opinions that will reverse employee-friendly decisions. The two opinions - Apogee Retail LLC d/b/a Unique Thrift Store (Apogee) and...more

It’s OK to Be Different- NLRB Rules That Union Represented Employees Are Not Entitled to Midterm Bargaining Over Same Paid Holiday...

Sheppard Mullin Richter & Hampton LLP on 6/6/2019

Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees who are covered by a collective bargaining...more

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Protected Concerted Activity › Collective Bargaining › Labor Relations

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