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On March 30, 2021, the Office of General Counsel of the National Labor Relation Board (“NLRB” or “Board”) released an Obama-era
Advice Memorandum, originally prepared in 2016, opining that racially charged comments were protected concerted activity. Just one day later, on March 31, 2021, Acting General Counsel Peter Sung Ohr affirmed in his latest
st Memorandum”) his plan to pursue a broadening of employees’ protections under Section 7 of the National Labor Relations Act (“NLRA” or “Act”)
beyond concerted activities relating to union activity and labor organizing, for example, by expanding the Board’s traditional view of protected concerted activity to protect employees’ political and social justice advocacy activities under Section 7. These publications are a harbinger of the enforcement priorities of the General Counsel under the Biden administration.