top of page
Search

New NLRB Rule: What Business Owners Need to Know

Writer's picture: Robert J. Herrera, Esq.Robert J. Herrera, Esq.



The National Labor Relations Board (NLRB) recently ruled that employers cannot force employees to attend mandatory meetings about unionization under threat of discipline or termination. This decision, effective November 13, 2024, applies to private employers of all sizes and protects non-supervisory employees.

What Are Captive Audience Meetings? Captive audience meetings are mandatory sessions where employers share their views on unionization, often discouraging employees from supporting union efforts. Under the new rule, these meetings are no longer allowed.

What Can Employers Do Instead? Employers can still hold voluntary meetings about unionization, but they must meet these conditions:

  1. Provide reasonable advance notice stating the meeting is voluntary.

  2. Inform employees they will not face discipline, termination, or other consequences for not attending or leaving the meeting.

  3. Assure employees that no attendance records will be kept.

Employers must communicate this clearly and follow these rules in practice.

State Law and Future Legal Challenges Check your state laws for additional requirements. Legal challenges to this decision are expected, and future NLRB rulings could change this policy.

Action Steps for Employers

  • Allow employees to opt out of meetings about unionization.

  • Clearly communicate that such meetings are voluntary and provide all required details in advance.

  • Train supervisors on these new rules to ensure compliance.

By following these steps, you can stay compliant and avoid potential legal issues.

1 view0 comments

Comments


Commenting has been turned off.

970.515.5958

bottom of page