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NLRB continues its attack on neutral employment policies

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in Employment Law,Human Resources

The NLRB has continued its assault on garden-variety em­­ploy­­ment policies, issuing three decisions in recent weeks, each of which concluded that facially neutral employment policies violated employees’ rights to engage in protected concerted activity. The cases are:

  • Flex Frac Logistics, LLC
  • TT&W Farm Products, Inc.
  • Costco Wholesale Corp.

To place this issue within a legal context (and for the uninitiated), the National Labor Relations Act (NLRA) grants all private-sector employees (unionized and nonunionized) the absolute right to engage in protected concerted activity, which includes, among other things, the right to discuss, between and among themselves, their wages, hours, benefits and other terms and conditions of their employment.

An employer cannot maintain a work rule that reasonably tends to chill em­­ployees in the exercise of that right.

What the NLRB did

The NLRB used this doctrine to in­­validate the follow...(register to read more)

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