“If I could sum up why I’m committed to the HR Girlfriends community it would come down to because we are ‘….in this together.'”

~Sana’ Rasul, Chief Girlfriend

Q&A: Does the NLRA Apply to My Business?

It does! Congress enacted the National Labor Relations Act (NLRA) in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to limit certain labor and management practices that can harm the general welfare of workers, businesses, and the U.S. economy. Although a good portion of the NLRA deals with unionization, Section 7 of the act provides protections for all nonsupervisory employees, even those not involved with a union.

Specifically, Section 7 defines and protects concerted activity by employees. Concerted activity happens when employees act as a group (i.e., in concert) for their mutual aid or protection. That said, it’s easy for an individual employee to gain protection under the NLRA if they’re discussing the terms and conditions of their employment either physically around coworkers or in the same virtual space (e.g., on social media). The “terms and conditions of their employment” are just as broad as they sound. They include pay, benefits, treatment by management, dress codes, workplace policies, scheduling, and more.

The most common violation of Section 7, at least in non-unionized environments, happens when employers restrict or prohibit discussions of wages. If you have policies or practices that explicitly or implicitly forbid employees from talking about how much they’re paid, you should eliminate those policies immediately.

Many activities protected by Section 7 may seem like common sense to limit or prohibit (e.g., griping about management or discussing pay), so it’s important that all managers are trained on and understand the law. Unintentional violations that don’t stem from corporate policy can be just as costly as any other, so education is key.

This Q&A does not constitute legal advice and does not address state or local law.
Answer from Kyle, PHR:
Kyle is a professional author, editor, and researcher specializing in workplace culture, retention strategies, and employee engagement. He has previously worked with book publishers, educational institutions, magazines, news and opinion websites, nationally-known business leaders, and non-profit organizations. He has a BA in English, an MA in philosophy, and a PHR certification.

Leave a comment

Never miss an opportunity to earn HRCI/SHRM credits, identify a mentor, or connect 1:1 with another HR Girlfriend in your city or across the country.

0 Comments
Inline Feedbacks
View all comments
Author picture

HR Girlfriends™ is a Human Resources networking organization dedicated to advancing the practice and culture of people empowerment. Our team of Girlfriends consult, train, educate, develop, share, promote, and advocate for solutions in the field of human resource management.

Are You IN?
Or Are You OUT?

It’s time you join forces with a community of like-minded peers ready to tackle the issues unique to the women of HR.
  • All
  • Affirmations
  • Career Monday
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor Newsletter
  • HR Certifications
  • HR Compliance
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
  • Talent Management
All
  • All
  • Affirmations
  • Career Monday
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor Newsletter
  • HR Certifications
  • HR Compliance
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
  • Talent Management
Career Monday

Career Monday: Expert Job Interview Tips

It’s exciting to make it past the resumé and job application phase. Being invited to a job interview can feel exciting. It can also feel ...
Read More →
HR Q&A

Q&A: Are There Topics We Shouldn’t Talk About During an Interview?

You should avoid asking questions that could be viewed as discriminatory or that infringe on a candidate’s privacy. Essentially, you want to avoid any questions ...
Read More →
Affirmations

Affirmation: I Organize My Priorities Into Separate Bins And Pull Them Out One By One

There is a reliable technique I use to manage my priorities. Using this system helps me organize my life. When I think about my priorities, ...
Read More →
Share via
Copy link
Powered by Social Snap