Understanding Protected Concerted Activity

Beth Dean 07.25.23

NLRA Protections: They’re Not Just for Unions

In the intricate fabric of company dynamics, employee protections exist, even in non-unionized companies, as granted by the National Labor Relations Act (NLRA). These protections give employees the freedom to engage in open discussions on various workplace matters, even those conversations that may make employers a tad uneasy.

The key lies in recognizing and respecting the concept of protected concerted activity, which allows employees to collaborate and work collectively to improve their working conditions. Let’s explore three examples together:

Wage Transparency Among Employees 

This one can be a real challenge for employers. The inclination to keep employee pay rates under wraps often prevails. However, pay discrepancies among employees with similar roles and expertise may hint at underlying issues such as discrimination. Here’s the scoop: according to the NLRA, employees have the right to discuss their compensation openly. Employers can’t punish or forbid these discussions. It’s the law.

Addressing Working Conditions Concerns 

Navigating the treacherous waters of employee complaints about working conditions can be daunting. We all know that one employee who persistently complains, leaving a wake of low morale in their path. But then, there’s the employee who brings up legitimate concerns about unsafe working conditions. The NLRA takes notice. It pays attention to the nature of these complaints, weighing whether they reflect valid indictments on the company and if the employee speaks on behalf of additional coworkers. It’s all about fostering fairness and safe working conditions, you see.

Social Media Rants 

Ah, the digital age, where airing dirty laundry on Facebook seems all too tempting. Of course, employers prefer not to be bashed on social media platforms for obvious reasons. But if a post sheds light on unfair or unsafe business practices, it may very well be protected by the NLRA. Here’s the catch: NLRA protection extends to valid grievances, not mere malicious intent. A post like “My boss is so ugly” likely won’t receive NLRA protection. But, a heartfelt rant about the unbearable heatstroke-inducing uniforms might be allowable.

To delve deeper into the intricacies of NLRA protections and align your company policies accordingly, we urge you to contact our HR experts. They’re equipped with the knowledge to guide you through this terrain, fostering an environment of compliance and understanding.

By embracing NLRA protections, employers sow the seeds of trust and open communication. They create a workplace where collaboration thrives, resulting in a more harmonious and prosperous future.

Also on Nextep

Mark your calendars! New compliance rules take effect this October, and protecting your business starts with knowing what is changing. The latest updates bring major changes to state and federal employment laws, changing everything from workplace policies to payroll. Key changes include the federal repeal of OFCCP affirmative action mandates and Alabama’s ban on sexual […]
Read more
July brings a fresh wave of state and federal compliance updates. Nextep has the complete rundown to keep your business on track. Get started using these quick links: Part 1: Federal Compliance Spotlight: New EEOC National Enforcement Plan On June 4, 2026, the Equal Employment Opportunity Commission (EEOC) voted to replace its previous Strategic Enforcement […]
Read more
If your employee needs health-related time off, the Family and Medical Leave Act (FMLA) may require your company to provide it. This FMLA 101 guide will help you navigate the process. Now that we’ve covered the basics, this guide will explain the Family and Medical Leave Act (FMLA) to help you handle employees’ leave requests […]
Read more
For years, HR teams have asked: If an employee has a 30-minute appointment, but it takes them an hour to get there, is that drive time Family Medical Leave Act (FMLA)-protected? The Department of Labor (DOL) just gave us a definitive answer in Opinion Letter FMLA2026-2. For employers, this is both a compliance requirement and […]
Read more
The One Big Beautiful Bill Act (OBBBA) introduced a number of changes for employers. Luckily, Nextep is here to help! As our clients’ PEO and Employer of Record, Nextep automates much of the compliance, tax reporting, and administrative burden created by the OBBBA. While the laws change, our partnership ensures your business stays compliant. Here […]
Read more
Many new or revised state law updates will go into effect in the coming months. Our Compliance experts have summarized regulations in your state that may impact your business. Follow the quick links below to find your state: FEDERAL UPDATE Paid Family and Medical Leave Effective January 1, 2026, the tax credit for employers that […]
Read more
The Department of Labor (DOL) Wage and Hour Division’s Opinion Letter, FMLA2025-02-A, provides clarification on how employers must calculate an employee’s total available FMLA leave hours. These rules speak especially for those with non-traditional schedules that include mandatory overtime. What It Means for Employers The core takeaway is that employers must calculate an employee’s FMLA […]
Read more
A recent Florida court ruling in McDaniels v. State struck down the state’s open-carry ban, effectively making open carry the new law for adults who can lawfully possess a firearm. This ruling follows Florida’s existing “constitutional carry” law (effective July 1, 2023), which allows for permitless concealed carry. Here is a summary of the key […]
Read more
Expanding your business globally can unlock new markets, boost revenue streams, and give your organization access to diverse talent. However, taking your business across borders is no small feat. It requires navigating new regulations, managing compliance, and understanding cultural differences. To succeed in this complex environment, a well-defined strategy is essential. That’s where an employer […]
Read more
Summer is upon us! It’s a time when many companies may hire young people or increase their working hours, as school is out. This presents a great opportunity to refresh your knowledge of youth labor laws and ensure your company’s compliance. Below is an overview of federal youth labor laws you can use as a […]
Read more
Mark your calendars! Many new and amended state law updates are set to take effect around July 1, 2025. Our compliance experts have compiled a summary of the updates specific to your state that may impact your business. Please keep in mind: if state law and federal laws ever differ, employers must always adhere to […]
Read more
What to do when FMLA and PFML happen at the same time Employers today face a complex web of federal, state, and local laws governing employee leave for family and medical reasons. A particularly tricky area is the intersection of the federal Family and Medical Leave Act ( FMLA ) and state-paid family medical leave […]
Read more

Download the Elevate by Nextep™ App


Download the Nextep Mobile App in Apple iOS or Google Play