When it comes to labor relations in the U.S., the National Labor Relations Act (NLRA) is the backbone. Passed in 1935 during the New Deal era, it gives employees the right to organize, form unions, and engage in collective bargaining. But it also places limits on what employers can—and cannot—do in response.
Even if your workplace isn’t unionized, the NLRA still applies. Many employers are surprised to learn that everyday actions—like disciplining employees for discussing pay—can trigger violations.
What the NLRA covers
The NLRA protects employees’ rights to:
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Form, join, or assist a union
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Bargain collectively through chosen representatives
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Engage in “concerted activities” for mutual aid or protection (even without a union)
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Refrain from union or collective activities if they choose
This law applies to most private-sector employers, from small businesses to large corporations. Government employees, agricultural workers, and independent contractors are generally excluded.
Who enforces the NLRA
The National Labor Relations Board (NLRB) is the independent federal agency that enforces the NLRA. The NLRB investigates complaints, holds hearings, and can order remedies if it finds that an employer (or union) has violated the law.
Common employer mistakes under the NLRA
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Restricting discussions about pay or working conditions – Employees have the right to talk about wages, schedules, or workplace safety.
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Overly broad policies – Handbooks that ban “negative comments about the company” can be struck down if they chill concerted activity.
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Retaliation – Disciplining or firing an employee for talking about forming a union or organizing co-workers is a clear violation.
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Misclassifying workers – Treating employees as independent contractors when they’re not can strip them of NLRA protections and invite scrutiny.
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Refusing to bargain – Once a union is certified, employers must negotiate in good faith.
Why the NLRA matters even without a union
A lot of employers think, “We don’t have a union, so the NLRA doesn’t apply to us.” That’s not true. The law protects “concerted activity,” which can be as simple as two employees complaining together about unpaid overtime or unsafe conditions. If an employer retaliates, the NLRB can step in—even in a non-union workplace.
How to stay compliant
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Review policies and handbooks – Make sure nothing restricts employees’ rights to discuss work conditions.
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Train managers and supervisors – Many violations happen because managers don’t realize certain actions are unlawful.
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Document employee issues carefully – Ensure that disciplinary actions are tied to legitimate performance problems, not protected activity.
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Stay neutral during union activity – Employers can share factual information but can’t threaten, bribe, or retaliate.
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Keep communication open – Many union drives start when employees feel ignored; strong workplace communication can prevent that.
How Kubera HR Solutions can help
At Kubera HR Solutions, we help employers audit workplace policies and manager practices to make sure they align with the NLRA. From handbook reviews to training, our team helps businesses avoid unintentional violations and stay focused on running smoothly.