On August 31, 2023, the National Labor Relations Board (NLRB) issued a decision returning to the totality of circumstances test for determining concerted activity. In Miller Plastic Products, the NLRB returned to the long-established test for determining whether an employee who intends to induce group action by fellow employees engages in protected concerted activity under Section 7 of the NLRA. The Board reaffirmed the principle (Meyers Industries, 1968) that the question of whether an employee has engaged in concerted activity is based on all the factual evidence on record rather than a mechanical checklist that imposed unwarranted restrictions on what constitutes concerted activity. For more information, see the NLRB press release.