NLRB Reinstates General Motors Mixed‑Motive Standard for Employee Misconduct
The board’s recent ruling restores the Wright‑Line framework, making it easier for employers to discipline workers engaged in protected activity.
On September 23, 2026, the NLRB, with a Republican majority, reversed its 2023 decision that had favored setting‑specific tests and reaffirmed the 2020 General Motors mixed‑motive standard. Employers may now argue that a disciplinary action would have been imposed regardless of an employee’s protected concerted activity, as long as the same discipline would have been imposed absent the activity. This procedural approach could signal a more employer‑friendly posture, but the board’s remarks leave open whether policy standards will shift back toward the Biden‑era framework. Firms advising large clients should review existing discipline policies, preserve evidence that a decision would have followed regardless of union advocacy, and counsel clients to align disciplinary actions with legitimate business reasons to mitigate litigation risk. Monitoring future NLRB announcements is essential to anticipate any doctrinal swings that may further affect labor‑relations strategies.