News & Analysis as of August 17, 2025

Corporate Counsel

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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 -

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

Perception Versus Reality: Fifth Circuit Backs Board’s Unfair Labor Practice Finding on Termination Based on ‘Perceived’ Section 7...

BakerHostetler on 1/6/2025

The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

Littler on 7/25/2024

On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more

Labor Board’s “BLM” Ruling Will Require You To Review Your Dress Code and Other Workplace Policies: Your 5-Step Guide

Fisher Phillips on 2/23/2024

The National Labor Relations Board just ruled that a national retailer must allow customer-facing employees who want to write “Black Lives Matter” on their uniforms to do so – and may have opened Pandora ’s Box when it comes...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 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

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

Top Five Labor Law Developments for April 2023

Jackson Lewis P.C. on 5/11/2023

The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023)....more

NLRB Returns to Decades-Old Standards for Assessing Employee Misconduct at Work

Miles & Stockbridge P.C. on 5/3/2023

The National Labor Relations Board has reverted to decades-old standards for assessing whether employee misconduct during the course of protected activity should be protected under federal labor law. The Board’s move will...more

Employers Must Draft Severance Agreements with Caution After NLRB Renders Critical Provisions Unlawful: 9 Crucial Questions...

Fisher Phillips on 2/22/2023

A pendulum-swinging decision from the National Labor Relations Board yesterday means that severance agreements – in both unionized and non-union workplaces – could once again be deemed unlawful if they could be construed to...more

Top Five Labor Law Developments for December 2022

Jackson Lewis P.C. on 1/9/2023

1. The National Labor Relations Board expanded its authority to include awarding consequential damages in unfair labor practice cases. Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022). Monetary remedies for violations of the...more

Top Five Labor Law Developments for August 2020

Jackson Lewis P.C. on 9/21/2020

1. The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more

NLRB Division of Advice Releases Deluge of Advice Memoranda Discussing COVID-Related ULP Charges, Confidentiality Rules,...

Proskauer - Labor Relations Update on 7/22/2020

On July 15, 2020, the National Labor Relations Board’s (“NLRB”) Division of Advice published 16 Advice Memoranda addressing myriad questions posed by various Regional Offices. While a majority of the Memoranda were drafted...more

Employer’s Poll of Workforce Not Unlawful Mass Interrogation, NLRB Rules

Proskauer - Labor Relations Update on 3/6/2020

When it comes to an unfair practice allegation asserting an employer’s statement is unlawful, words matter. And, so does context. Under NLRB case law, the actual employer statements are evaluated as well as the overall...more

Navigating Through the NLRB’s Recent Decisions

Foley & Lardner LLP on 2/4/2020

The following is a summary of key decisions from the National Labor Relations Board (Board) and its Division of Advice during the period in which the Republican Party has controlled the Board under the Trump administration. ...more

Employers May Not Have To Retain Racists, Sexists And Belligerently Disobedient Employees After All-The NLRB Appears Ready To...

Sheppard Mullin Richter & Hampton LLP on 9/12/2019

It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more

Refusal to Work Can Be Protected Concerted Activity

Parker Poe Adams & Bernstein LLP on 7/15/2019

The National Labor Relations Act guarantees employees the right to engage in protected concerted activity, meaning two or more employees objecting to terms and conditions of employment. Most recent concerted activity cases...more

Labor Board Makes It Harder For Employees To Claim Their Complaints Are Protected

Fisher Phillips on 1/18/2019

In a 3-1 ruling that should be hailed by employers across the country, the National Labor Relations Board just made it harder for employees to successfully claim that their workplace gripes constitute protected concerted...more

Group Email Exchange Deemed Protected Concerted Activity

Parker Poe Adams & Bernstein LLP on 5/9/2018

With all of the publicity over the Republican assumption of control of the National Labor Relations Board, employers could be excused if they assumed that all of the prior board’s decisions were now open for review and...more

New Sheriff(s) In Town: The NLRB Issues New Test For Workplace Rules - Boeing Co. Signals The End Of Lutheran Heritage And Its...

Fisher Phillips on 12/15/2017

The National Labor Relations Board just relieved employers of a great deal of uncertainty surrounding seemingly innocuous workplace rules and handbooks. The newly constituted NLRB issued its first round of significant...more

NLRB Upholds Rule Prohibiting Disclosure of Confidential Customer Information

Parker Poe Adams & Bernstein LLP on 9/1/2017

Under federal labor law, employees involved in a labor dispute with their employer have the right to seek assistance from the company’s customers. On August 14, the National Labor Relations Board (NLRB) rejected a claim from...more

“Civil” War At The Workplace: Enforcing Civility Rules In Light Of Federal Roadblocks

Fisher Phillips on 7/10/2017

Almost everyone would agree they prefer to work in a civil and respectful environment. Because of this, many employers have developed policies and training sessions to promote civil and respectful behavior in the workplace....more

Labor Board Finds Employer Guilty Of “Textual Harassment” - Manager’s Text Message During Union Campaign Deemed Unlawful...

Fisher Phillips on 6/14/2017

In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more

Union Adherent’s Antics Not Protected By Act, NLRB Rules

Proskauer - Labor Relations Update on 5/23/2017

The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was...more

F-Word Facebook Firing Flipped By Federal Court

Fisher Phillips on 4/25/2017

In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more

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