Although they may not realize it, even non-union employers face risk under the National Labor Relations Act. Everyday workplace decisions can trigger scrutiny and while the enforcement climate is shifting, the underlying risk remains. For employers, this is no longer a niche legal issue. It’s a legitimate business risk.
For a growing number of employers, the concerns keeping them awake include whether their employee handbook violates federal labor law, whether a supervisor’s offhand comment during a tense performance review could trigger an unfair labor practice charge, or whether an employee group text complaining about the schedule somehow became protected concerted activity under the NLRA.