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NLRB Breathes New Life into Federal Labor Law

By Robert G. Brody and Sami Asaad

By now, everyone knows discrimination and harassment are illegal in the workplace. But how many know that employees have the right to engage in protected, concerted activities “for the purpose of ' mutual aid or protection?” How many know that employers interfering with that right might violate the National Labor Relations Act (NLRA)? Similarly, while almost everyone knows to bring discrimination and harassment claims to the Equal Employment Opportunity Commission (EEOC) or (in Connecticut) the Commission on Human Rights and Opportunities (CHRO), most people probably don't know what type of claims the National Labor Relations Board (NLRB) handles, if they even know it exists!

The NLRB is proposing to change this by requiring virtually all workplaces to post an 11-inch by 17-inch notice about employee rights under the NLRA. This rule follows closely on the heels of a nationally featured story involving a “Facebook firing” that showcased the broad reach of the NLRA and the impact it may have on both unionized and union-free workplaces. The message is clear: Employee-rights advocates are bringing greater attention to the NLRA and its little-known but substantial employee protections.

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