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Home > Resources > HR compliance > Labor relations > How to determine whether an employee’s activity is protected under the National Labor Relations Act (NLRA)
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How to determine whether an employee’s activity is protected under the National Labor Relations Act (NLRA)

This guide outlines practical steps employers can take to determine whether an employee’s activity is protected under the NLRA, including identifying covered employees and evaluating protected conduct.

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by Jed L. Marcus, Bressler, Amery & Ross, P.C.

The National Labor Relations Act (NLRA) protects the rights of employees, union and non-union, to engage in “concerted activity for mutual aid or protection” to improve their wages, benefits and working conditions.

In this guide, learn about:

  • Step 1: Determine whether the employee is protected by the NLRA
  • Step 2: Determine whether the activity is protected by the NLRA

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Latest updates

Updated to include information on an NLRB decision regarding discipline for an employee’s offensive or abusive speech or conduct.

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About the author

Bressler, Amery & Ross, P.C. 

Bressler, Amery & Ross, P.C. is a multidisciplinary law firm with attorneys and offices located in Washington, DC, Florida, Alabama, New Jersey and New York. The firm provides services across several industries including Fortune 500 corporations, midsize and small privately held companies, brokerage firms, banks, franchises, insurance companies and nonprofit institutions.

Bressler’s labor and employment attorneys represent clients before state and federal courts and various civil rights agencies across the United States in a number of different employment-related matters including employment and disability discrimination, retaliation and whistleblower claims, harassment, class and collective actions, ERISA, Taft-Hartley, wrongful termination, employment agreements, wage and hour claims and labor injunctions.

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