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.