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The National Labor Relations Act (NLRA) is a broad federal law that provides important protections to employees in Maryland. While the NLRA protects union-related activity, it also protects non-union workers. If you believe that your employer has violated your rights under the NLRA, you should consult with a Maryland employment attorney about whether legal action is warranted.
Several federal laws provide important protections to employees in Maryland. One of these laws is the National Labor Relations Act (NLRA). While the NLRA is best known for protecting employees’ right to unionize, it also provides important protections outside the union context.
The NLRA applies to all private-sector employers in Maryland. Unlike many other federal laws, it does not apply only to employers with a certain minimum number of employees. If your employer has violated your rights under the NLRA, you may be entitled to damages and/or other remedies, and you will want to talk to a Maryland employment attorney to determine your next steps.
What Employee Protections Does the NLRA Afford?
Employees in Maryland are entitled to several protections under the NLRA. The NLRA prohibits employers from taking adverse action based on several types of “protected concerted activity,” including activity both on and off the job. Some examples of activities that are generally protected under the NLRA include:
- Discussing your pay, benefits, or working conditions with your coworkers
- Circulating petitions for better pay, benefits, or working conditions
- Raising safety concerns at safety meetings
- Collaborating with coworkers to seek changes from your employer
- Contacting a state or federal agency regarding concerns about your working conditions
- Walking off of the job to protest unsafe working conditions
- Engaging in conversations about “common workplace issues” on social media
- Engaging in “social, racial and justice advocacy . . . advocating a particular cause[ for employees’] mutual aid or protection”
Again, these are just examples. The NLRA is extremely broad in scope; while it does not protect all job-related communications in all circumstances, numerous circumstances can give rise to claims. As an employee, understanding your legal rights matters; if you have questions or concerns, do not hesitate to seek advice from an experienced Maryland employment attorney.
How Can Employees Take Legal Action Under the NLRA?
Taking legal action under the NLRA generally involves filing a complaint with the National Labor Relations Board (NLRB). The NLRB investigates complaints involving alleged unfair labor practices under the NLRA and can provide various remedies to employees whose rights have been violated.
In some cases, employees with claims under the NLRA may also have claims under other federal and state laws. For example, if you were singled out because of your race, ethnicity, sex, or gender identity, you could have a discrimination claim under Title VII of the Civil Rights Act of 1964 (Title VII) or Maryland’s Fair Employment Practices Act (FEPA). If you have a claim under one of these laws, you will need to take different steps to hold your employer accountable.
FAQs: Protecting Your Rights Under the NLRA in Maryland
Do I need to be in a union to file a complaint under the NLRA?
No, you do not need to be in a union to file a complaint under the NLRA. The NLRA provides various protections to both unionized and non-unionized workers.
How can I prove my employer is violating the NLRA?
Proving that your employer is violating the NLRA may require various forms of documentation. For now, you should be sure to keep any records (including copies of any relevant communications) you have in your possession, and you should consult with an attorney promptly.
Do I need an attorney to file an NLRA complaint?
While not legally required, there are several important reasons to work with an attorney when seeking to file an NLRA complaint against your employer. From assessing your legal rights to filing your complaint and working with the NLRB during its investigation, an experienced attorney will be able to help at every stage of the process.
Request a Confidential Consultation with a Maryland Employment Attorney Today
If you have questions about your legal rights as an employee in Maryland, we strongly encourage you to reach out. We are happy to explain everything you need to know to make informed decisions about your next steps. To request a confidential consultation with a Maryland employment attorney at The Law Firm of J.W. Stafford, call us at 410-514-6099 or tell us how we can help online today.