On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the National Labor Relations Act. In so doing, the Fifth Circuit vacated the National Labor Relations Board’s decision in Lion Elastomers, LLC (Lion II), 372 NLRB No. 83 (2023), and reinstated the standard in General Motors, LLC (GM), 369 NLRB No. 127 (2020).
