News & Analysis as of August 13, 2025

Employer Liability Issues

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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 -

Rhode Island’s New Workplace Laws: Menopause Protections, “Captive Audience” Meeting Ban, Minimum Wage Hikes, and More

Fisher Phillips on 8/4/2025

Rhode Island employers must keep up with new workplace laws enacted this year, including some that have already taken effect. The state not only joined a growing number of states that prohibit so-called “captive audience”...more

After Nearly Eight Decades of Lawful Captive-Audience Meetings, Employers Are Now Prohibited From The Practice

Foley Hoag LLP on 11/20/2024

On November 13, 2024, the National Labor Relations Board (“Board”) overturned Babcock & Wilcox, 77 NLRB 577 (1948), which had—for over 75 years—protected employers’ right to hold mandatory meetings on their premises to...more

The National Labor Relations Board Rejects 75 Years of Precedent and Bans Captive Audience Meetings

Bond Schoeneck & King PLLC on 11/20/2024

Once again, the National Labor Relations Board (the Board) has upended long-established precedent. On Nov. 13, 2024, the Board issued its decision in Amazon.com Service, LLC, banning so-called “captive audience meetings”...more

Employers May Face More Liability for Unlawful Work Rules Under NLRB General Counsel’s New Memo: Key Points and What You Can Do to...

Fisher Phillips on 4/23/2024

Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more

A Lesson in Employee Rights: NLRB Ruling Against Home Depot’s Dress Code Enforcement

Kohrman Jackson & Krantz LLP on 3/21/2024

The National Labor Relations Board (NLRB) has ruled that a Minnesota Home Depot Store broke the law by telling an employee to remove a “BLM” marking from their work apron. The NLRB has recently decided in Home Depot USA, Inc....more

NLRB Holds That an Employer Cannot Prohibit Political Slogans on Company Uniform

Steptoe & Johnson PLLC on 3/4/2024

The National Labor Relations Board (NLRB or the Board) has ruled that a Home Depot employee engaged in protected concerted activity by wearing a Black Lives Matter (BLM) slogan on a company uniform. The Board found that...more

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

BakerHostetler on 3/1/2024

On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

Employers Need to Review Workplace Rules and Policies Following Recent NLRB Decisions

Laner Muchin, Ltd. on 2/28/2024

On August 22, 2023, we advised all employers—whether their workforces are unionized or not—about the National Labor Relations Board (NLRB) decision in Stericycle, Inc. In Stericycle, the NLRB articulated its new standard in...more

Back to Basics: Employers Must Be Aware that ‘Protected Concerted Activity’ Applies in Nonunion Workplaces - Yes, Even in Wealth...

BakerHostetler on 1/25/2024

With the new year upon us and amid an uptick in activity by the National Labor Relations Board (NLRB or the Board), the time is ripe for employers to refresh themselves on a basic labor principle that sometimes goes...more

Three Important Changes to Labor Law and How Employers Should Respond

Spilman Thomas & Battle, PLLC on 10/5/2023

With no chance of passing the Protecting the Right to Organize Act, we predicted that the Biden administration would seek to achieve pro-labor reforms through the National Labor Relations Board’s (the “Board”) rulemaking and...more

NLRB Expands the Definitions of "Protected" and "Concerted" and Expands Coverage of the National Labor Relations Act

Baker Donelson on 9/12/2023

On August 31, 2023, the National Labor Relations Board (NLRB or the Board) issued a pair of decisions that continue the agency's recent trend of broadening the reach of the National Labor Relations Act (NLRA). With these two...more

There’s No Concerted Action If It’s Just One Employee or If It’s for a Non-Employee, Right? WRONG, Says the NLRB

Steptoe & Johnson PLLC on 9/12/2023

In two opinions released on August 31, the National Labor Relations Board (NLRB) overruled two 2019 decisions to expand the scope of workers’ concerted activity protections under the National Labor Relations Act (NLRA). Those...more

NLRB Expands Section 7 Protections to Include Advocacy for Non-Employees and Beyond

Littler on 9/11/2023

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...more

NLRB Delivers Labor Day Gifts to Unions

Epstein Becker & Green on 9/11/2023

It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more

Handbook Changes on the Horizon, There’s a New NLRB Sheriff in Town‎

Schwabe, Williamson & Wyatt PC on 9/7/2023

On August 2, 2023, the National Labor Relations Board (“NLRB”), with a majority of members nominated by President Biden, issued a long-awaited decision in Stericycle, Inc. and Teamsters Local 628 (372 NLRB No. 113 (2023))...more

NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees

Seyfarth Shaw LLP on 9/7/2023

On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor...more

NLRB Expands Scope of What Is Considered Protected Concerted Activity in Workplaces

Sheppard Mullin Richter & Hampton LLP on 9/7/2023

On August 31, 2023, the National Labor Relations Board (“NLRB” or “Board”) adopted a broader test for what is considered “protected concerted activity” under the National Labor Relations Act (“NLRA” or the “Act”). Section 7...more

Handbooks and Policies - Time to Revise Them After NLRB Ruling, or Another Pendulum Swing?

Lathrop GPM on 8/31/2023

The answer after the Stericycle ruling is likely “both.” As the composition of the NLRB (National Labor Relations Board) changes, the roller coaster continues, making it difficult for businesses – whether private,...more

Snapshot on Manufacturing Industry: Your Handbook Might Need Immediate Changes

Fisher Phillips on 8/31/2023

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is...more

NLRB Sets New Standard for Evaluating Workplace Rules

Venable LLP on 8/29/2023

On August 2, 2023, the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023), which creates a new standard for evaluating whether a company's workplace rules violate the National...more

Employer Work Rules Need Review Due To NLRB Strict New Standard

Laner Muchin, Ltd. on 8/22/2023

On August 2, 2023, the National Labor Relations Board (NLRB) issued its decision in Stericycle, Inc., in which it articulated its new standard for evaluating whether employer work rules are impermissible under the National...more

Labor Board Signals Continued Expansion of Employee Rights: Your Questions Answered

Fisher Phillips on 8/21/2023

A recent Advice Memo issued by the Office of the General Counsel of the National Labor Relations Board (NLRB) provides all employers – union and non-union alike – with yet another warning that more of your employment...more

In light of recent NLRB decision, employer workplace rules face more aggressive scrutiny

Constangy, Brooks, Smith & Prophete, LLP on 8/17/2023

The National Labor Relations Board swung to a Democratic majority after the 2020 election of President Joe Biden. That majority has been almost continually dismantling standards established by the Republican majority Board...more

NLRB Shifts to More Employee-Friendly Work Rule Standard

Gould + Ratner LLP on 8/17/2023

On August 2, 2023, the current version of the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc. and Teamsters Local 628 (Stericycle) that again shifts its position on employer work rules or other...more

NLRB’s New Work Rules Standard Skews in Favor of Employees and Unions

Miles & Stockbridge P.C. on 8/16/2023

On Aug. 2, the National Labor Relations Board (NLRB) set a new standard to evaluate facially neutral work rules in union and nonunionized workplaces when it issued a much-anticipated decision in Stericycle, Inc., 372 NLRB No....more

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