NLRB says retailer’s ‘no pay talk’ rule violated NLRA — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

NLRB says retailer’s ‘no pay talk’ rule violated NLRA

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in Employment Law,Human Resources

The National Labor Relations Board (NLRB) has ruled against Love Culture, purveyor of teen clothing, after it fired an employee from its St. Louis Park, Minn. store for discussing pay.

A company rule prohibited employees from talking about how much they or other employees earned. The NLRB found that managers repeatedly threatened to discipline workers for doing so, and finally fired a female employee.

The woman complained to the NLRB that the rule violated the National Labor Relations Act (NLRA), and that she had been fired in retaliation for exercising her NLRA rights.

The NLRB agreed and ordered Love Culture to reinstate the fired worker with complete back pay and seniority and reimburse her for any adverse tax consequences from the settlement. The company must also amend its policy to allow employees to freely discuss pay and workplace conditions. A copy of the settlement must be posted at the St. Louis Park store.

Note: The NLRA protects employee rights to discuss working conditions, including pay and benefits, whether the workplace is unionized or not. The law views such discussions as necessary precursors to organizing activity and therefore protected by the law.

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