This summer the National Labor Relations Board (NLRB) has taken the position that commonly used at‑will employment disclaimers could be a violation of the National Labor Relations Act (NLRA). Section 7 of the NLRA guarantees employees the right to engage in “concerted activities for the purposes of collective bargaining or other mutual aid or protection.” The NLRB’s recent actions continue a trend of stringent enforcement of employee’s Section 7 rights that many times brings non‑union employers within the jurisdiction of the NLRB.
Labor law is rapidly changing and the NLRB has drastically increased its activity. Specifically, the NLRB is finding more and more ways in which they believe an employer’s actions or policies violates an employee’s rights to concerted activity under Section 7 of the NLRA. Accordingly, employers should pay close attention and monitor these types of enforcement actions.
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