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Concerted Activity

140 published works

  1. HR Law Talk

    NLRB Advice Memo Clears Employer in Political Protest Firings and Signals Future Action

    By Tim K. Garrett, Hunter K. Yoches

    Key Takeaways The NLRB's Division of Advice found no NLRA violation in a company's firing of two employees who organized a political protest on company property, concluding the protest lacked…

  2. Cartel Capers

    “Every Contract Restrains Trade” I Humbly Disagree: A Different Point of View

    By Bob Connolly

    On December 1 2025, I had finished an article about how the defendant might avoid the application of the per se rule in his upcoming trial for allegedly rigging a…

  3. Ohio Employer Law Blog

    Does the NLRA protect the lone-wolf complainer?

    By Jonathan Hyman

    When does the National Labor Relations Act protect as "concerted" the workplace complaints of a "lone wolf"? More often than you think. In Miller Plastic Products, Inc. v. NLRB, A…

  4. Ogletree Deakins Insights

    NLRB GC Issues Memo on Harmonizing NLRA and EEO Laws

    By Jennifer G. Betts, Thomas M. Stanek, Publisher, Zachary V. Zagger

    Quick Hits The NLRB GC issued a memorandum addressing potential employer concerns about complying with EEO laws prohibiting discrimination and harassment in the workplace and the NLRA’s protections for employees…

  5. Pennsylvania Labor & Employment Blog

    Board Rules that Wearing BLM Markings Can Be Protected Activity Under the NLRA

    By Robert McAvoy

    On February 21, 2024, the National Labor Relations Board (“NLRB”) issued a decision finding that Home Depot violated Section 8(a)(1) of the National Labor Relations Act (“Act”) by using Home…

  6. Labor & Employment Report

    Display of BLM Insignia = Protected Concerted Activity

    By Fiona W. Ong, J. Michael McGurie

    This is true in the context of existing race discrimination concerns and complaints in this particular (non-union) workplace, according to the National Labor Relations Board in a case involving Home…

  7. Labor Relations Update

    It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances

    By Joshua Fox, Sehreen Ladak

    The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted…

  8. Screw You Guys, I'm Going Home

    Fired for Advocating for Non-Employees? You May Have Rights

    By Donna Ballman

    The National Labor Relations Board has ruled that employees who advocate for non-employees such as applicants and interns are legally protected by the National Labor Relations Act. The NLRB Chair…

  9. Pennsylvania Labor & Employment Blog

    NLRB Clears a Path to Protect Employees Acting Solo

    By Conner Porterfield

    On August 31, 2023, the National Labor Relations Board issued a decision in Miller Plastic Products, Inc. that will make it easier for a single worker’s action to be considered “concerted” under…

  10. Davis+Gilbert PERKS

    NLRB Broadens Definition of Protected Concerted Activity

    By Davis+Gilbert PERKS

    Just before Labor Day, the National Labor Relations Board issued an employee-friendly decision in Miller Plastic Products, Inc., likely broadening what will now constitute protected, "concerted activity" under Section 7…