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The NLRB Invades The Non-Union Workplace

By Scott T. Silverman on March 19, 2014
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Employers beware!  Although the Board’s attempt to require employers to post a notice of employees’ federal rights has been defeated, the agency remains active in its regulation of the non-union workplace.  The Board now has a full complement of members, with a Democratic majority, and is posed to continue to render decisions that will impact all places of work.

Too many organizations believe they have no responsibility to employees under federal labor law, simply because they are not unionized.  Unfortunately, nothing could be further from the truth.

Employees who are not represented by a union still have rights under federal labor law, including the right to engage in concerted actions regarding terms and conditions of employment.  Such “protected activity” may not be the basis of an adverse action against an employee.  The Board has found employers to have violated “protected activity” guarantees in a myriad of seemingly irrelevant situations, including taking action on the basis of derogatory social media posts.

Further, employer confidentiality, non-disparagement and at-will employment policies may also run afoul of labor law protections. An unwitting employer may find itself subject to burdensome and protracted proceedings before the Board.

Join us at the 19th Annual Akerman Labor & Employment Law Seminar where I will discuss how an employer can implement necessary employee policies and regulate employee conduct without running afoul of federal labor law.

Photo of Scott T. Silverman Scott T. Silverman

Adept at navigating complex labor and employment matters, Scott Silverman is noted by Chambers USA for being “expeditious” and “excellent at providing all points of view.” His range of experience includes representation of employers in administrative proceedings, federal and state court litigation, and…

Adept at navigating complex labor and employment matters, Scott Silverman is noted by Chambers USA for being “expeditious” and “excellent at providing all points of view.” His range of experience includes representation of employers in administrative proceedings, federal and state court litigation, and arbitrations. Although he has worked on a variety of labor and employment issues throughout his career, Scott’s practice has emphasized labor management relations, employment discrimination, non-compete/trade secret, wage and hour, and retaliation claims. Complementing his litigation practice, he advises employers on day-to-day matters, and drafts manuals and contracts for his clients.a

Read more about Scott T. SilvermanEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    HR Defense
  • Organization:
    Akerman LLP
  • Article: View Original Source

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