NLRB Launches New Website Regarding Concerted Activity

Profession:Sheppard Mullin Richter & Hampton

Article by James R. Hays and Rebecca R. Hirschklau, with assistance from Summer Associate Molly Masenga

Last week, in an effort to increase its presence and exposure in the workplace, the National Labor Relations Board ("NLRB") launched a new webpage to define and provide specific examples of what it considers "concerted activity." As you may be aware, the National Labor Relations Act's ("NLRA") Section 7 provides that "[e]mployees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities."

The new site, available at, provides several examples of cases brought before the NLRB where an employee's workplace grievance was found to be "concerted activity" and thus protected by the NLRA. The set of more than a dozen stories designed to provide greater awareness of workers' rights includes: a paramedic who was fired after posting work-related grievances on Facebook; a customer service representative who lost her job after discussing her wages with a coworker; an engineer at a vegetable packing plant who was fired...

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