In the case of Siren Retail Corp d/b/a Starbucks, the National Labor Relations Board (NLRB) issued a decision on Nov. 8, 2024, clarifying the test it will use to determine whether employer predictions about the impact of unionization on the relationship between individual employees and their employer are unlawful threats. The test mandates that the employer’s predictions must be based on its belief of demonstrably probable consequences beyond its control, grounded in objective facts, and cannot be based on the employer’s own actions. This decision overrules a 1985 decision (Tri-Cast, Inc.) that deemed most employer statements to be categorically lawful. For more information, see the NLRB press release or the board decision.