News & Analysis as of April 29, 2025

Collective Bargaining

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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

NLRB Adopts New Standard for Evaluating Lawfulness of Work Rules

Bowditch & Dewey on 8/9/2023

On August 2, 2023, the National Labor Relations Board issued a decision in Stericycle Inc., which adopts a new standard for how the NLRB will evaluate workplace policies and rules when determining if they interfere with...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 Ramifications of College Athletes Being “Employees”

Akerman LLP - HR Defense on 11/15/2021

Consider this: the General Counsel of the National Labor Relations Board has opined that some student-athletes at the collegiate level are “employees” for purposes of the right to engage in protected concerted activity, and...more

[Podcast] NLRB Decisions on the Chopping Block: Expected Changes from the Board that May Affect Employers

BakerHostetler on 3/30/2021

Jeremy Hart an attorney in BakerHostetler’s Labor and Employment Group, discuss the top five NLRB decisions on the chopping block that are expected with the Biden Administration and potential consequences of the National...more

Where Does the NLRA Draw the Line Between Harassment and Protected Activity?

Spilman Thomas & Battle, PLLC on 9/4/2020

As most employers have discovered, Section 7 of the National Labor Relations Act protects employees who engage in “concerted activities for the purpose of collective bargaining,” and it is unlawful for employers to interfere...more

Beltway Buzz - April 2019 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/22/2019

EEO-1 Update. Like an army of frozen zombies descending on the North, the EEO-1 wage collection matter will not die, and its arrival is becoming more imminent with each passing day. On April 16, 2019, the U.S. District Court...more

Post Boeing NLRB Guidance on Employee Handbook Rules Bring Common Sense and Flexibility to Employer Work Rules

Baker Donelson on 3/21/2019

On June 6, 2018, the NLRB's Office of General Counsel issued its Guidance Memorandum on Handbook Rules Post-Boeing. This guidance arose out of the NLRB's decision in The Boeing Co., 365 NLRB No. 154 (2017) which overruled its...more

The Way We Were: The NLRB’s Time Machine Resets the Clock on Employer Work Rules and Joint Employer Status

Dickinson Wright on 12/19/2017

With the end of 2017 right around the corner, the National Labor Relations Board (NLRB or Board) issued a duo of pro-employer decisions that continue to chip away at and erase its jurisprudence during the Obama...more

Latest NLRB Developments Regarding Social Media Policies

Buchalter on 1/27/2014

Social media on the Internet have become enormously popular in recent years as more and more people log on to chat, blog and post updates on an infinite variety of topics. In response to this phenomenon, many companies have...more

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Protected Concerted Activity › Employee Rights › Collective Bargaining

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