Even non-union employers can be liable under the National Labor Relations Act (NLRA), which protects certain comments by employees about their wages and working conditions. The National Labor Relations Board (NLRB), the federal agency which enforces the NLRA, has ramped up its enforcement efforts and is targeting employers that have broad policies limiting employees’ protected speech. Specifically, the NLRB is scrutinizing employers’ social media, workplace investigation, confidentiality, media and anti-disparagement policies. For instance, the NLRB recently ruled that a blanket prohibition on employees discussing workplace investigations violated the NLRA because it bans protected speech. Employers should carefully review their policies with their attorneys in light of the NLRB’s heightened scrutiny.

To discuss how these issues apply to your company contact:
Laura A. Balson, (312)696-1351, labalson@golanchristie.com
or Margaret A. Gisch, (312)696-2039, magisch@golanchristie.com.