Recent changes in legal interpretation could significantly affect employers’ understanding and application of the National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) issued two opinions on August 31 that overruled 2019 decisions, broadening the scope of workers’ concerted activity protections under the NLRA.
The NLRB clarified that an action by a single worker or activity carried out for a non-employee might still be protected concerted activity under the NLRA. This stance overturns the understanding that concerted actions involve two or more employees.
The overruling of these two opinions begs a closer look at the current labor climate under the NLRA. Legal experts recommend employers stay informed and revise their practices accordingly to remain NLRA-compliant.
For a detailed insight into the overruled decisions and their implications, have a look at the overview prepared by Steptoe & Johnson PLLC.