By AJ Esral, Esq.

Introduction

Employers in Maryland and Washington, D.C. face complex legal challenges—especially when it comes to employee complaints.

What may seem like a routine workplace issue can quickly turn into a serious legal risk.

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A Common (and Risky) Scenario

Consider this situation:

A company issues annual merit-based raises. Two employees casually discuss their bonuses in the breakroom. One questions why the other received more.

Management learns of the conversation and disciplines both employees under a handbook policy stating that wage information is “confidential.”

So—what’s the problem?

👉 This is likely illegal.

Even though:

• The employees are not part of a union
• They are not in a protected class
• The policy was clearly communicated

The employer may still face significant legal liability.

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Why This Matters: Protected Concerted Activity

When employees speak with each other about workplace conditions—such as pay, benefits, or schedules—they may be engaging in protected concerted activity.

This right is protected under Section 7 of the National Labor Relations Act (NLRA).

And importantly:

👉 Employers cannot discipline, terminate, or threaten employees for engaging in it.

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Concerted

This means employees are acting:

• Together
• On behalf of others
• Or trying to initiate group action

This can include discussions about:

• Pay
• Work schedules
• Overtime
• Staffing
• Workplace safety
• Harassment concerns

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Activity

This includes a wide range of behavior, such as:

• Conversations
• Complaints
• Petitions
• Walkouts
• Social media posts

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Even “Bad Behavior” Can Be Protected

Here’s where many employers get caught off guard:

Even conduct that appears inappropriate—such as profanity or disrespect—may still be protected if it occurs in the context of concerted activity.

That doesn’t mean anything goes, but the threshold for discipline becomes much higher.

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Real-World Legal Examples

Recent cases show how broad these protections can be:

• Stericycle, Inc. (2023)
  Workplace policies can be considered unlawful if employees could reasonably interpret them as limiting their right to discuss working conditions.
• NLRB v. Pier Sixty (2017)
  A profanity-filled social media post about a supervisor was still protected because it related to workplace concerns.
• Brynn Marr Hospital (2025)
  A nurse’s social media post criticizing leadership was protected because it reflected broader workplace issues—not just personal grievances.

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How Employers Can Protect Themselves

To reduce risk, employers should take a proactive approach:

1. Review Your Policies

Make sure your policies do not unintentionally restrict employees from discussing:

• Wages
• Schedules
• Working conditions

Overly broad policies are one of the most common violations.

2. Pause Before Disciplining

Ask yourself:

• Is this group-related activity?
• Is the issue the behavior—or the complaint itself?

Reacting too quickly can create liability.

3. Train Your Managers

Supervisors should understand:

• What protected activity looks like
• What they can and cannot say
• That threats or promises to stop complaints are illegal

Important Reminders

Protected concerted activity still applies even if the employee is:

• Not in a union
• Acting alone (but on behalf of others)
• Being rude or confrontational

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Final Takeaway

This is one of the most commonly violated areas of employment law—and one of the least understood.

What feels like a minor workplace issue can quickly escalate into a legal problem if mishandled.

Understanding when complaints are legally protected is critical to avoiding costly mistakes.

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How Luchansky Law Can Help

If you need help reviewing your policies or ensuring compliance with Section 7 of the NLRA, Luchansky Law can help you navigate these issues with confidence.

• 📧 aj@luchanskylaw.com