National Labor Relations Act

A little known provision in the National Labor Relations Act  provides protection to employees when they discuss “terms and conditions” of employment.  The discussion must be between two or more employees.  The purpose of this provision (remember, the NLRA was passed in 1935) was to protect employees who may be forming a union.  But, for

Glenn Hamer claims the pending bill known as “Protecting the Right to Organize” will stop gig workers from working in the gig economy. In a recent opinion piece with the San Antonio Express News, Mr. Hamer claims the PRO, which is pending in the U.S. Senate, will make all gig workers traditional employees and

These are trying times, by any standard. This veteran of Iraq is starting to have war flash backs. If your employer is not taking precautions for the coronavirus, can you as an employee do anything about it? Yes, any worker can discuss with another worker any “term and condition” of the  job. That protection comes

The National Labor Relations Act provides that workers can form a union. The NLRA has been around since before World War II. Yet, we often forget that a major portion of the Act protects preliminary activity. Workers can discuss terms and conditions of their job. That sort of discussion can lead to the formation of

T-Mobile has work rules including: 1) Maintain a positive work environment, 2) No arguing or fighting; respect co-workers, 3) no photography, or video or audio recording, and 4) no access to electronic information by non-approved persons. The National Labor Relations Board found these four rules to violate the National Labor Relations Act. The NLRA allows

In a recent ruling, the National Labor Relations Board has adopted a new standard regarding joint employers. Joint employers is a relatively new creation in the area of labor and employment law. Joint employers, as the name suggests, refers to separate employers both being employers of the same employee. Many years ago, I worked on

Well, the National Labor Relations Board (NLRB) has reversed the regional director in Chicago who had ruled that Northwestern University football players could form a union. The ruling from the national level found, instead that allowing union organizing could lead to imbalances in competitive football. See CBS news report. The ruling did not address

As I have discussed before, the National Labor Relations Board has waded deep into the Facebook waters.  See my post here and here.  

The Board recognizes that under the National Labor Relations Act, employees have the right to discuss terms and conditions of their job.  So, when employees post comments on Facebook about

Its a common practice at most places of employment to keep "confidential" any investigation.  I think requiring confidentiality has as much to do with managing employee morale as it does any particular legal requirement.  But, if the employer enforces its request for confidentiality, it may run afoul of the National Labor Relations Act.  The NLRA

They were fired for wearing orange shirts to work.  I previously wrote about that here.  Now, they have filed a complaint with the National Labor Relations Board.  See ABA Bar Journal report.  They say they wore the shirts simply to show they were part of the same group when they went out for drinks