EMPLOYERS BEWARE: During the past six months, the National Labor Relations Board has decided to aggressively take on non-union employers.

The efforts include a failed attempt to require all employers to post notices to inform employees of their right to join a union, challenging use of “at will” provisions in employee handbooks in February, approving a very narrow social media policy in May, and most recently challenging employer confidentiality provisions while an employer conducted an employee investigation. Section 7 of the National Labor Relations Act (NLRA) provides that all employees are free to engage in concerted activities for their mutual aid and protection. Section 7 is what protects employees from employer reprisals if they seek to form a union; this is the wedge that the NLRB is using to expand its NLRA theme to non-union employers. For more information, contact Roger Hood.