Protected concerted activity: Navigating the rise of employee activism

From pay transparency to remote work, employees are increasingly vocal about working conditions both in the office and online. The National Labor Relations Act (NLRA) protects employees—union and nonunion alike—when they engage in concerted activity to address terms and conditions of employment. Employers can’t discharge, discipline, or threaten employees for engaging in protected concerted activity (PCA). Given the rise of employee activism in the workplace, it’s imperative that you understand when you can and can’t lawfully intervene.

What is PCA?

Under the NLRA, employees have the right to engage in PCA for mutual aid or protection. When employees act—either together or alone on behalf of other employees—to improve wages, hours, or working conditions, Section 7 of the NLRA protects their activity, regardless of union status. Accordingly, you must first determine whether an employee’s conduct constitutes PCA.

A single employee engages in PCA when the employee acts on behalf of other employees, brings group complaints to the employer’s attention, or seeks to induce or prepare for group action. However, employee activity limited to personal work concerns without a connection to the interest of other employees is unprotected. For example, employees who are demanding a raise for themselves aren’t engaging in PCA, but an employee who’s advocating for raises for the department based on shared belief or concern is.