Tagged: National Labor Relations Board (NLRB)

The National Labor Relations Act and COVID-19

One law that has not received much attention in the midst of COVID-19 is the National Labor Relations Act (NLRA). The NLRA is a federal law that governs labor relations for most private sector employers in the United States. The statute is enforced and interpreted by the National Labor Relations Board (NLRB), which is headquartered in Washington, DC and has regional offices throughout the country. The NLRA provides employees with various rights, including the right to engage in protected concerted activity, the right to join and to refrain from joining a labor union, and the right to have a union collectively bargain their terms and conditions of their employment. As recent developments demonstrate, both union and non-union employers should keep the NLRA in mind when conducting their workforce planning. Protected Concerted Activity The NLRA protects employees who engage in protected concerted activity. Generally speaking, this means that employees have the right to band together to demand better working conditions with or without a union. Concerns that employees raise about health and safety issues at work, which very well may include COVID-19-related concerns, could constitute protected concerted activity entitling employees to protection. See, e.g., Contemporary Cars, Inc. v. NLRB, 814 F.3d 859 (7th Cir. 2016) (concern employees raised with manager about coworker’s failure to wash hands...

D.C. Circuit Enjoins NLRB Employee Rights Posting Requirement – Deadline for Compliance Delayed Pending Resolution of Legal Challenges

The U.S. Court of Appeals for the D.C. Circuit entered an order yesterday in National Association of Manufacturers v. National Labor Relations Board, enjoining an NLRB posting requirement that would require most private sector companies to post a Notice of Employee Rights under the National Labor Relations Act in their workplaces. The D.C. Circuit ruling came on the heels of the District of South Carolina’s opinion last Friday in the Chamber of Commerce v. NLRB case, which held that the NLRB exceeded its authority when it approved the posting requirement.

April 30, 2012 Deadline for Compliance with NLRB Employee Rights Posting Requirement May Be Extended Again

As we have previously reported in the Employment Law Alert, an National Labor Relations Board (NLRB) final rule adopted last August requires most private sector employers — including companies that are not unionized — to post in their workplaces a Notice of Employee Rights under the National Labor Relations Act. The deadline for employers to comply, which has been extended twice in the wake of lawsuits challenging the Board’s authority to issue the rule is currently set for April 30, 2012.