National Labor Relations Act Claims

 

While the National Labor Relations Act (NLRA) is mainly known for its role as the primary statute governing the relations between employers and labor unions, it also provides individual employees with certain powerful protections even in a non-unionized workplace.  Under the NLRA, it is unlawful for an employer to interfere with certain organizational rights guaranteed under the NLRA. Perhaps the most important of these protected rights is the right of an employee to communicate with one or more other employees in order to improve the terms and conditions of their employment. Common examples of this “protected concerted activity” include:

  • Two or more employees discussing the calculation of their bonuses;
  • An individual employee filing a collective action for the recovery of unpaid overtime compensation under the Fair Labor Standards Act;
  • An individual employee posting a message on social media directed at other employees airing dissatisfaction with working conditions in a reasonable manner; or
  • An individual employee meeting with management on behalf of at least one other individual concerning work hours, health and safety conditions, or pay rates, where the employer is aware that the employee is speaking for or has met with other individuals concerning the issues being discussed.

An employer who discriminates against an employee for exercising his or her rights under the NLRA (for instance, by cutting his or her hours, or demoting or terminating him) commits an unfair labor practice under the NLRA.  Employees thus affected may be eligible for reinstatement, back pay, costs, attorney’s fees, and other equitable relief.

If you believe you have been discriminated or retaliated against by your employer for discussing the terms and conditions of your employment with other employees or with your employer on behalf of other employees, you should contact our firm to discuss your rights under the NLRA.

You can contact the Murphy Law Group today by calling 267-273-1054, by filling out our online form, or by emailing us at consult@phillyemploymentlawyer.com.

Recent Posts: National Labor Relations Act Claims

19 04, 2018

Can You Be Fired For Talking About Your Job On Social Media?

By | 2018-04-24T16:35:39+00:00 April 19th, 2018|National Labor Relations Act Claims, Wrongful Termination & Retaliation|0 Comments

Federal Law Protects Employees’ Right to Communicate The right of employees to communicate with other employees is protected by the National Labor Relations Act (NLRA). The NLRA protects an employee’s right to engage in union activity or to join with one or more co-workers to attempt to improve working conditions. The law provides the right to discuss work issues and share information about pay, benefits, and working conditions with co-workers or with a union. The NLRA governs relationships between labor unions and employers and prohibits employers from interfering with labor organization rights. The NLRA also protects individual employees, whether or not those employees belong to a union. For example, if you believe that you aren’t being paid the same as other employees who are performing similar work, the NLRA provides the right to speak to your coworkers to determine if you have a valid complaint. The right of an employee to communicate with other employees to improve the terms and conditions of their employment is known as “protected concerted activity.” In general, protected concerted activity requires two or more employees working together to improve working conditions, pay, benefits, or other work-related issues. A single employee may engage in protected concerted [...]

29 09, 2017

Can Your Employer Prohibit You from Talking About Your Salary?  

By | 2017-10-02T13:32:38+00:00 September 29th, 2017|National Labor Relations Act Claims|0 Comments

What the law says about salary discussions Let’s face it, many employers would probably prefer that employees avoid discussions about compensation. After all, if staffers don’t know how much other people are making, the employer is less likely to have to worry about salary complaints. But if you suspect that you aren’t being paid at the same level as others who are doing similar work, you may need to broach the sensitive topic of pay with some of your coworkers in order to find out if you have a valid complaint. However, what can you do if your employer has a confidentiality rule when it comes to compensation? Can employers legally bar employees from talking about compensation, benefits, and salary issues? Legal Protection One recent case sheds some light on this issue. A company attempted to force an employee to sign a confidentiality agreement pertaining to salary. The man refused and was fired. He sued for wrongful termination, claiming that the company was violating the National Labor Relations Act (NLRA) by ordering him to sign an unlawful document and then firing him for refusing to do so. The company lost. The court ruled that the company had indeed violated the [...]

5 05, 2016

Can Your Employer Prohibit You From Talking About Your Salary?

By | 2017-07-29T08:41:59+00:00 May 5th, 2016|National Labor Relations Act Claims|0 Comments

T-Mobile called out by feds for limiting employee conversations Can your employer restrict what you’re allowed to speak about with your fellow employees? Can you be fired for discussing compensation, benefits, or work conditions? According to a recent ruling by the National Labor Relations Board (NLRB), companies that attempt to dissuade employees from discussing work conditions or wages may be violating the National Labor Relations Act (NLRA). Let’s examine the recent decision against T-Mobile and discuss what it may mean to other workers. No Complaining Allowed T-Mobile had a corporate policy that it claimed was designed to create a positive work atmosphere. The rule stated “[T-Mobile] expects all employees to behave in a professional manner that promotes efficiency, productivity, and cooperation. Employees are expected to maintain a positive work environment by communicating in a manner that is conducive to effective working relationships with internal and external customers, clients, co-workers, and management.” While this rule may sound harmless, some employees had a different take on it. Several staffers at T-Mobile locations around the country claimed that the policy was intended to silence them in regard to discussing compensation and other work conditions. They complained to the NLRB, the independent federal agency [...]