News & Analysis as of August 12, 2025

Employer Rights

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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 -

Fourth Circuit Issues Guidance On Employer Speech During Organizing Campaigns

Genova Burns LLC on 6/24/2025

A recent Fourth Circuit Court of Appeals three-judge panel enforced part and declined to enforce another part of an NLRB ruling that an employer violated the National Labor Relations Act by telling employees that the union’s...more

NLRB Allows Employers to Instruct Employees to Keep Internal Investigations Confidential

Herbert Smith Freehills Kramer on 6/8/2020

Following its December 2019 decision holding that confidentiality mandates during the course of workplace investigations are presumptively lawful, the National Labor Relations Board (NLRB) recently held that employers can...more

NLRB Establishes New Guidance for Employer Workplace Rules

Payne & Fears on 6/27/2018

The National Labor Relations Board ("NLRB") has set new standards for determining whether an employment policy strikes the appropriate balance between employees' ability to exercise their rights under Section 7 of the...more

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Protected Concerted Activity › The National Labor Relations Act › Employer Rights

Fourth Circuit Issues Guidance On Employer Speech During Organizing Campaigns

NLRB Allows Employers to Instruct Employees to Keep Internal Investigations Confidential

NLRB Establishes New Guidance for Employer Workplace Rules

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