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 firstname.lastname@example.org.