Firm Wire items are announcements made by the firms themselves. The desk confirms that the announcement was published and reproduces its factual content. It does not verify the claims in it, and publication is not an endorsement.
Reinhart says it published an update on the NLRB’s employee-conduct framework
Reinhart said it published an alert on the NLRB’s restoration of the General Motors framework for assessing offensive employee conduct. The firm said the approach replaces separate context-specific tests with an inquiry focused on the employer’s motive and the relationship between discipline and protected activity.
Key points
- Reinhart said the NLRB reinstated the framework on September 23, 2026.Reinhart
- The firm said the general counsel initially must show protected activity, employer knowledge and animus.Reinhart
- Reinhart said employers then must show they would have taken the same action absent protected activity.Reinhart
- The firm said employers should preserve evidence supporting their disciplinary decisions.Reinhart