— NAtional Labor Relations Act Category Archives — Dallas Employment Lawyer Blog Published by Dallas, Texas Employment Lawyers

Anti-Poaching Agreements May Leave Employers with Egg on their Face

March 31, 2023 | Robert J. Wiley

Dallas Employment Trial Lawyer Rob Wiley

A no-poaching agreement is an agreement between two or more companies not to hire or solicit each other’s employees. It could be a contract between two companies in the same industry. It could be a contract between a company and a vendor.

It’s easy to see why employers might be tempted to use non-poaching agreements, particularly in a tight labor market with low unemployment. But the reality is that non-poaching agreements suppress competition for labor and limit employee mobility. This will result in lower wages and benefits for workers. This is particularly abusive to the worker who loses out on a job because the new employer is bound by an agreement the worker never signed (and may not even know about).

New Decision Gives NLRB Real Teeth to Make Employees Fired for Protected Concerted Activity Whole

January 10, 2023 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article gives a brief overview of the NRLB’s new Thryv, Inc., decision, and its implications for the landscape of labor and employment law.

The National Labor Relations Act is an often-overlooked part of employment law. The National Labor Relations Board (the agency in charge of administering the NLRA) does far more than govern company-union relations (i.e., labor law). It also protects employees, regardless of union membership, against retaliation for engaging in protected concerted activity regarding the terms and conditions of their employment. This means, for instance, that two or more employees who talk to each other or management about some important workplace issue like wages, safety, or company policies may have legal protection if the company seeks to punish them for “rocking the boat.”

Tuesdays should be the New Monday

June 23, 2022 | Paige Melendez

Dallas Employment Lawyer Paige Melendez

The newest shockwave to hit employment customs is the murmurs of a four-day workweek. In fact, Iceland recently declared their experiment with the four-day workweek a success. Belgian workers won the right to a four-day workweek in February, and the United Kingdom has set up a trial run that began this month with about 70 companies volunteering. Further, other countries are looking at the European peninsula to see how their experiment goes to consider instituting the shortened workweek. So, how could we get a four-day workweek in the United States?

The first way is obvious but unlikely. Either the House or Senate would have to draft a bill that mandated a four-day workweek for all businesses. Then, the bill would go to the opposite chamber of Congress before a final agreed upon draft was sent and signed by the President. The chance of a bill of this magnitude, with the potential to cause ripples throughout all levels of industry and business, wading through the stagnant pond of Congress is low, so we turn to a second method.

A false dawn for unions in 2022?

June 16, 2022 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article touches on some of the complex issues surrounding the apparent boom in unionization—will this be a sea change or just temporary? What are the implications of recent union victories in major multinational companies?

There have been high-profile union victories in the news lately for the employees of major multinational companies, particularly Amazon and Starbucks. The National Labor Relations Board (“NLRB”), which oversees union elections and investigates “unfair labor practice” claims, has also gone to bat recently against those same companies for numerous allegedly unlawful tactics they engaged in during union elections. It could be that unions are on the verge of a renaissance in the face of the “great resignation” causing a shift in the power dynamics between employees and employers. Indeed, unions are more popular with the public now than they have been in generations.

Get that Paper (As Long as You Do It for Your Coworkers, Too)

January 29, 2021 | Paige Melendez

20201124_104652-203x300 For an employee in Texas there are very few protections because Texas is an at-will employment state. An employer can fire an employee for any reason or no reason, and it is protected under Texas state law. The only thing an employer cannot do is terminate someone or take an adverse action against them for an illegal reason where their motivation is based on an employee’s protected characteristic. On that backdrop, it would seem that an employee has no recourse against an employer who is treating employees poorly, but not illegally. However, the National Labor Relations Act (NLRA) does more than protect unions, it also creates an avenue for employees to raise concerns about the terms and conditions of their employment. The NLRA was meant as a way for workers to advocate for themselves, which most of the time takes the form of creating a union, but the protection is not limited to union members. Section 7 (aptly named “Rights of Employees”) states that “employees shall have the right…to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” This provision is given teeth by a later section which states that things like an employer’s interference with or restraint of these Section 7 rights is an unfair labor practice. The NLRA even created the National Labor Relations Board (NLRB), which is an independent Federal agency that operates to enforce these provisions. Based on this history and structure, the NLRA gives employees a toolbox that can be used to approach an employer about their employment and have that activity protected by law.