The NLRB Returns To Previous Standard for Employee Protection

The National Labor Relations Board (NLRB) set a new standard with a decision protecting workers who advocate on behalf of non-employees. The decision returns to long-standing precedent overturned by the Board in 2019.

In the news release, Board Chair McFerran said,

“The previous Board, in Amnesty International, failed to recognize that ‘mutual aid or protection’ easily covers situations where employees extend help to nonemployees, especially those who work alongside them. Standing in solidarity can be a protected act regardless of the employment status of those you stand with—the question is simply whether, in helping others, employees might help themselves and get help in return.”

 What employers need to do

In light of this restored protection for employees, employers should review company policies and procedures to ensure that they are in line with the decision. Employees have the right to advocate for nonemployees without repercussions. Joshua Fox and Austin McLeod, attorneys for Proskauer, expect the ruling to result in challenges to whether an employee benefits from the advocacy.  Regardeless, an environment of respect for freedom of expression and support of external groups and causes is a vital part of your workplace. 

Your employment attorney can explain implications of the decision and make needed revisions for compliance with the NLRB standard. We are always ready to help.