In a recent demonstration by off-duty Starbucks employees inside the store, the NLRB determined the actions were outside the scope of protected concerted activity. In responding to the advice memo related to the event, Phil Wilson commented, “It’s one thing to protest outside a place of business, which is clearly protected. But when you carry protest inside the business in a way that’s designed to completely disrupt the operation and the employees and customers inside, that is a whole different level of intrusion.”

The memo appears to expand the 1982 Restaurant Horikawa decision to any retail business where customers have the expectation of quiet enjoyment.