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NLRB Restores Protections for Employees Who Advocate for Non-employees

11 Sep

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Update Applicable to:

All employers.

What happened?

The National Labor Relations Board (NLRB) has restored protections for employees who advocate for non-employees. This means that employees are safeguarded when advocating for individuals who are not part of their organization. The decision revives Section 7 protections, allowing employees to engage in such advocacy without fear of employer retaliation.

What are the details?

This development is significant as it reaffirms employees’ rights to express themselves and support external parties without jeopardizing their job security. It reflects the NLRB’s commitment to upholding workers’ rights and ensuring fair labor practices.

Concerted advocacy by statutory employees on behalf of nonemployees is protected by the National Labor Relations Act (the Act) when it can benefit the statutory employees.

The Board reiterated its well-established precedent, affirming that job applicants are considered statutory employees. Additionally, the Board emphasized that an individual’s immigration status is usually irrelevant when determining their employee status under the Act. Notably, in this specific case, the Board ruled that the protected activity in question was safeguarded, regardless of whether the individual involved was officially categorized as a statutory employee.

For more information, please see the links below:

American Federation for Children, Inc., 372 NLRB No. 137

News Release

Law Firm Article, Article 2

What do employers need to do?

Employers should take note of this restored protection and ensure that their policies and practices align with the NLRB’s decision, respecting employees’ rights to advocate for nonemployees without repercussions. The ruling underscores the importance of maintaining a workplace environment that respects employees’ freedom of expression and association with external groups or causes.

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Comment Period Begins for DOL Proposed Overtime Rule

This is an update to our previously released communication found here: LINK

What happened?

On Friday, September 8, the Federal Register published the U.S. Department of Labor’s Notice of Proposed Rulemaking to Define and Delimit the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees. This proposal would restore and extend overtime protections to many lower-paid salaried workers.

For more information, please see the links below:

Published Rule

NEW – Comments Page

What do employers need to do?

Employers can submit their comments via the link above. For a deeper understanding of the proposed rule and guidance on submitting comments, employers should consult the provided resources, including the FAQs, to familiarize themselves with the proposed rule and the process for submitting comments.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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