Labor Board Decision on Employee Concerted Activity

This legal update article discusses the National Labor Relations Board's (NLRB) recent decision to revert to the 'totality of the circumstances' test for determining when individual employee actions are considered protected concerted activity. The article outlines the implications of this decision, particularly how it broadens protections for employees engaging in workplace organizing activities. It contrasts the previous five-factor test established under the Trump administration, which limited the definition of concerted activity. The article details the historical context of Section 7 of the National Labor Relations Act, which protects employees' rights to engage in concerted activities for mutual aid or protection. The NLRB's ruling in the case of Miller Plastic Products, Inc. is highlighted, illustrating how the new standard allows for a more inclusive interpretation of what constitutes concerted activity. The article concludes by advising employers to carefully consider employment decisions that may involve protected concerted activity and to seek legal counsel when necessary.