Many non-unionized employers might be surprised to learn that they, too, are governed by the National Labor Relations Board (NLRB). In fact, in 2012, the NLRB launched a website directed at non-union employees, which details the employees’ rights and provides instructions on how to access the NLRB to seek redress for employer violations.
Under Section 7 of the National Labor Relations Act (NLRA) (29 U.S.C. § 157), all employees—regardless of whether they are affiliated with a union—enjoy the right to engage in concerted activities “for the purpose of . . . mutual aid or protection.” Based on this protection, the NLRB is actively regulating four important areas of non-unionized employment: social media policies, at-will employment policies, confidentiality of internal investigations and class-action waivers. All employers should understand the NLRB’s recent decisions and their resulting implications.
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