Topic
Concerted Activity
140 published works
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…
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…
Ohio Employer Law Blog
Does the NLRA protect the lone-wolf complainer?
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…
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…
Pennsylvania Labor & Employment Blog
Board Rules that Wearing BLM Markings Can Be Protected Activity Under the NLRA
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…
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…
Labor Relations Update
It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances
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…
Screw You Guys, I'm Going Home
Fired for Advocating for Non-Employees? You May Have Rights
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…
Pennsylvania Labor & Employment Blog
NLRB Clears a Path to Protect Employees Acting Solo
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…
Davis+Gilbert PERKS
NLRB Broadens Definition of Protected Concerted Activity
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…