The National Labor Relations Board (NLRB) ruling on May 1st will make it more complicated to fire workers who display offensive conduct while engaged in protected activity under the NLRB.  The Board indicated that a fundamental difference exists between employee misconduct that is committed during working hours and during Section 7 activity.  

The NLRB overruled a 2020 decision known as General Motors.  The ruling replaces three previous standards on 1) offensive conduct on the picket line 2) worker's interactions with management and 3) worker's postings on social media/conversations with colleagues.