When it comes to employment law, regulations and the governing agencies, most people typically think of the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) but don’t think about the National Labor Relations Board (NLRB), and they should.
As we all know (or should know), the DOL is the primary government agency for employment law with a mission “to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.”
The EEOC is the other government agency that is responsible for “enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex, national origin, age, disability or genetic information.”
And then there is the National Labor Relations Board … the NLRB is an independent federal agency that enforces the National Labor Relations Act (NLRA) that “protects the rights of employees to act together to address conditions at work, with or without a union.”
So, what does this mean for non-union employees and why do business owners need to know about it?
This means that most private sector employees have protections under the NLRA and the right to engage in “concerted activity.” Concerted activity is when two or more employees discuss or address pay or working conditions, including safety concerns, with their employer. A single employee can also be covered if they are speaking on behalf of other employees about improving the workplace.
This protection is not only in the workplace, but it includes online as well. Most recently, the NLRB has been involved with employers’ social media policies in an effort to protect employee rights of concerted activity online. Meaning, if an employee posts something on Facebook about their working conditions and another employee “likes” or comments, that is protected activity and action can’t be taken against the employees. Likewise, if an employee raises concerns to the employer about the safety of their work environment (for example) they can’t be fired for raising that concern.
The NLRA can be tricky and each case is different so it is important to understand the law and how it applies to your business. Here is a link to the website for the NLRB and examples of cases that help business owners and employees better understand their rights and protections.
