Non-Unionized Employers: The NLRB Commands Your Attention


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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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