HIGHLIGHTS

“On September 23, 2026, the National Labor Relations Board (the “NLRB” or the “Board”) issued its decision in Lion Elastomers LLC, 375 NLRB No. 41 (Sept. 23, 2026), returning to the Wright Line burden-shifting test, which shifts the Board’s consideration from looking at specific situations when an employee engages in abusive conduct while also engaging in protective activity, to a burden shifting analysis where the Board shows the employer’s disciplinary decision was based upon anti-union animus and the burden then shifts to the employer to show it would have taken the same action regardless of whether the employer engage in protected activity.”