On Aug. 31, 2023, the National Labor Relations Board (NLRB or the board) issued a pair of decisions that continue the agency’s recent trend of broadening the reach of the National Labor Relations Act (NLRA). With these two decisions, the board has lowered the bar for what is “concerted” and what is “protected” within the meaning of the NLRA. Many nonunion employers are surprised to learn that the NLRA applies to their management of their employees, particularly, the regulation of employee conduct. Since its inception, the NLRA has protected “protected, concerted activity” (PCA) aimed at addressing issues of shared concern among employees, such as safety concerns, pay issues, or even the administration of existing work rules.

These decisions are the latest in a continued series of recent NLRB opinions encroaching upon nonunion employers’ ability to manage their businesses. This client alert explains the importance of these developments and what employers should do now.

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