NLRB Scales Back Employee Protections
The National Labor Relations Board recently ruled to limit the definition of ‘protected, concerted activity’, which historically protects individual employees trying to encourage group action. Section 7 of the act establishes the right of employees to engage in concerted activities for their mutual aid or protection and defines how employees are protected when inquiring about changes in conditions of their employment. The ruling was done in favor of employers to separate cases of “individual complaints” from actions taken by an individual to encourage group action…
The following circumstances provide evidence that an employee is engaging in concerted activity, as outlined by the NLRB:
Not all five factors need to be present to support an inference that an employee is seeking to bring about group action, the NLRB noted.
Employers should remain aware of NRLB protections, particularly when an employee speaks up during meetings where terms and conditions of employment, such as work hours, benefits, break policies and wages are being changed, and when considering disciplinary actions for employees in such cases. Read more.