On July 21, 2020, the National Labor Relations Board (NLRB) (once again) modified its standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements, including those that are profane, racist, or sexually unacceptable, in the course of otherwise protected activity under the National Labor Relations Act (the Act). The Act protects concerted activities for the mutual aid or protection of employees. Concerted activities are not limited to union activities, but also include complaints about working conditions, pay, and benefits by non-union employees.