Protected Worker Conduct Expands in New Labor Board Ruling (2)

The National Labor Relations Board increased the range of worker activities that are shielded by federal labor law, overturning a Trump-era ruling that narrowed the scope of that protection.

The NLRB’s Democratic majority struck down 2019’s Alstate Maintenance LLC in a decision issued Thursday, restoring a more expansive legal test for determining what actions are considered protected concerted activities—one of the core safeguards in the National Labor Relations Act.

Alstate Maintenance set forth a checklist of factors that imposed unwarranted restrictions on which worker activities are legally protected, the NLRB said.

The board instead returned to the standard from its ...