What Types Of Employment Practices Are Illegal?

Some employers and companies indulge in activities that are deemed illegal by the NLRA and various laws for employee protection. The sole objective of the NLRA is to safeguard the employees from discrimination and inept management by employers and companies. There are NLRA laws that enable interactions amongst employers and employees.

What Is The NLRA?

Congress enacted the National Labor Relations Act (“NLRA”) in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private-sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy. It is an act that enables employees to form unions to improve their working conditions. Under this act, employees can join an existing association or create a new one. Also, it prevents employees or unions from taking part in illegal activities.
NLRA ensures employees’ fundamental right to join or form a union that is unthreatened by employers. For instance, it mandates employers to treat union talks amidst employees as unrelated to work. Therefore, employers can’t impose rules that forbid union talks on the workplace.
There is a dedicated board known as NLRA that inspects unions. Consequently, NLRA ensures that the unions are not dominated by restricting employers from forming organization unions or fake unions. Also, employers cannot overlook labor unions. It examines the group, its purpose, function, and process of the said group.

What Are Prohibitions Imposed By NLRA On Employers?

NLRA prohibits the following:

  • Employers can’t motivate or demotivate to join a union.
  • Firing employees for striking
  • Involving in vengeful activities for testifying against an employer
  • Refusing to take part in group bargains conducted for goodwill
  • Creating shady agreements such as making arrangements to desist from doing business with third-party unions or employers

What are prohibitions imposed by NLRA on the unions?

  • Intimidating employees to become a member of the association.
  • Denying employers their right to choose the bargaining representative
  • Manipulating employees to act against employers for personal gains
  • Indulging in illegal boycotts and strikes

An association must be certified for it to be considered legitimate. A group of employees cannot threaten the employer to acknowledge them as a legal union.
For these prohibitions to be valid, the presence of another association must be ensured and periodical elections provided.

How to Report Unfair Actions: Federal Regulations

The United States Labor Department determines employee rights for individuals. They have an official website where employees can visit for guidelines in case of illegal termination.
The site also offers instructions on Work Safety and Well-being Administration. It covers and ensures a secure working environment for employees. The agency will evaluate and determine if there was any breach of federal laws.

How to Report Unfair Actions: Local Regulations

If a state has its labor departments, then the department can formulate its labor laws. However, these laws mentioned above must fall under the boundaries of federal regulations. This prompts a situation such as acts considered legal according to the federal law. If you’re not satisfied with the results from the U.S. Labor Department, then you can approach the committee of state for reviewing your claim.
The claim must be reported to local boards via their telephone, mail, online or direct approach. The employees must make sure that the complaints include essential details such as their name and the name of the company. It is also necessary to include the dates and outlines of events that can be termed as violations. Head over to their website to find out the mailing address and contact details.

How Can A Lawyer Be Of Assistance To You?

Of course, the assistance of an attorney when it comes to handling legal affairs would make claims so much easier to file. Also, the full enforcement of federal laws safeguarding workers mandates the expertise of an attorney.
It is unusual to find an employee who has never had a problem with his employer throughout his career. This makes many employers equip themselves with the necessary resources to handle claims from employees. As an employee, you have to prepare yourself so that you can handle any employer that threatens you or violated your rights.
As an employee, the probability of winning an employment-related case on your own is almost close to impossible. A competent attorney will only know full knowledge of the law and procedures of the court. Hence professional guidance is highly recommended. Call Massey and Duffy for a free consultation on your rights.


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