In a predictable shift toward employer-friendly standards, the National Labor Relations Board (“Board”) has reinstated a standard that gives employers greater latitude in determining whether an employee’s abusive conduct during union or other protected activity loses legal protection under the National Labor Relations Act (the “Act”).

This is the first of what is expected to…

On August 26, 2026, General Counsel for the National Labor Relations Board (“Board”) Crystal S. Carey issued Memorandum GC 26-04, signaling that many of the employee-friendly precedents adopted during the Biden years are squarely in the crosshairs.

While a GC memo does not change the law, it is a reliable indicator for where Board doctrine…