No Union, No Problem? Nope–NLRA Still Applies.

Ask most business owners about who the National Labor Relations Act (NLRA) applies to, and the answer is usually the same: unions. That answer is only half right, and the other half is where employers get caught off guard.

The NLRA Covers More Than Union Workplaces

The NLRA protects the right of employees to engage in “protected concerted activity,” meaning two or more employees acting together to improve their working conditions. Nothing about that right depends on a union. It applies to most private-sector employers whether or not a single employee has ever mentioned organizing.

What Protected Concerted Activity Looks Like

It is often more ordinary than employers expect:

• Two employees discussing their pay in the break room
• A group email raising concerns about scheduling or safety
• A worker circulating a complaint about a manager on behalf of coworkers
• Employees talking about working conditions in a group chat or on social media

The Takeaway: When employees act together on shared workplace concerns, that activity is generally protected, and disciplining someone for it can violate federal law.

Where Employers Get into Trouble:

• The most common misstep is a well-intentioned policy or reaction.
• Handbook rules that broadly ban discussing wages, disciplining an employee for a group social media post, or telling staff not to talk about an internal complaint can all draw NLRB scrutiny.
• Intent does not save you.
• If the policy or action could reasonably chill protected activity, that can be enough.

We Can Help You Get It Right

If you are not sure whether your policies or manager practices align with the NLRA, contact us. We partner with employers to build policies that protect the business and respect employee rights.

Disclaimer: This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Employment laws vary significantly by state and circumstance. Please contact our office regarding your specific situation.