Employment Law

Social Media, Your Employees and Your Business

Many employers are unaware that the National Labor Relations Act may apply to their places of employment, even if the workforce is not unionized. For example, Section 7 of the NLRA guarantees that employees have the right to “self-organization, to form, join, or assist labor organizations . . . and to engage in other concerted activities for the purpose of . . . mutual aid or protection . . . .” The NLRA also prohibits employers from interfering with, restraining or coercing employees in the exercise of these rights.

Does the NLRA Affect You or Your Business?

While Wisconsin becoming the nation’s 25th state to enact “right to work” legislation has made headlines, that legislation affects private-sector unionized workplaces only. Many employers may be unaware, however, that the National Labor Relations Act (NLRA) may regulate a place of employment, even if that workplace is not unionized.

“Security Check” Time is Not Necessarily Paid Time

Ordinarily, an employer must pay wages to an employee for all work performed by the employee. However, not all time that an employee is at his or her workplace is compensable time, according to state and federal law. For example, the following activities are not compensable:

(1) Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform; and

(2) Activities which are preliminary or postliminary to the principal activity or activities, which occur either prior to the time or on any particular work day at which such employee commences, or subsequent to the time on any particular work day at which he or she ceases such principal activity or activities.

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