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In two opinions released on August 31, the National Labor Relations Board (NLRB) overruled two 2019 decisions to expand the scope of workers’ concerted activity protections under the National Labor Relations Act (NLRA). Those decisions make clear that activity by a single worker and/or activity on behalf of a non-employee may in fact be NLRA-protected concerted activity. In Miller Plastic Products, Inc. and Ronald Vincer, dated August 25, the NLRB discarded Alstate Maintenance’s “checklist” of factors to consider when analyzing whether an employee engaged in concerted activity and returned to the Meyers II “totality of the record evidence” analysis. In American Federation for Children, Inc. and Sarah Raybon, dated August 26, the NLRB overruled Amnesty International of the USA, Inc. and determined that the NLRA’s concerted activity protections do apply when employees support non-employees if that support can benefit the employees engaging in such action. Action by a Single Worker In Miller, a 3-1 majority reaffirmed the NLRB’s “longstanding totality-of-the-circumstances test” and overruled the 2019 Alstate Maintenance, LLC decision in deciding that a plastics manufacturing plant employee engaged in concerted activity when he voiced concerns about the company’s COVID-19 protocols at a company meeting and in face-to-face interactions with management. The court determined that Alstate should be overruled because in setting aside a “holistic approach” to analyzing employees’ concerted activity and adopting a checklist of factors to consider, Alstate provided “unwarranted restrictions on what constitutes concerted activity under Section 7 of the [NLRA].” As supported by Meyers II, “activity that at inception involves only a speaker and a listener” can still constitute concerted activity because it “is an indispensable preliminary step to employee self-organization.” Therefore, because NLRA Section 7 “protects employees who bring a group complaint to the attention of manag

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