Labor unions rarely make front-page news as they did in the early 20th century, but they still have a role in ensuring fair working conditions for employees in a variety of industries. Many of us only know about labor unions from learning about them in American history class. The story goes that in the 19th century, when American cities rapidly industrialized, most people worked for low pay in dangerous and abusive conditions. Men, women, and children, some of them as young as elementary school age, frequently suffered horrific injuries in work accidents or became ill from occupational exposure to dangerous substances. If they complained, they would lose their jobs, and then they would be in an even worse financial position than before.
By the time the First World War began, the labor movement had accomplished several important goals. Eight hours became the standard length of a workday, whereas previously, employers had required workers to work more hours than that per day. It became standard for people to begin full-time work in their late teens, instead of earlier, even though younger teens continued to work part-time jobs on days when they did not have school.
Likewise, labor unions remained active in many industries. Although labor unions are not as active or as visible today as they once were, your industry may have a labor union in Boulder. If it does, you have the right to participate, and if it does not, you have the right to form one. It is against the law for your employer to retaliate against you for your activities connected to a labor union. The Boulder retaliation for union activity lawyers at HKM Employment Attorneys LLP can answer your questions about your rights involving labor unions and concerted activities.
Protected Activities and Employer Retaliation
Employers can take adverse actions against employees, such as giving them negative performance reviews, denying their requests for promotions, or even terminating the employment relationship, if the employee’s misconduct or poor job performance warrants this. In at-will employment relationships, meaning employment relationships where the employee does not have a contract, an employer can even fire an employee for no reason.
Even though employers have a lot of flexibility regarding adverse actions, the law prohibits discrimination and retaliation against employees. It is discrimination when the employer takes an adverse action because of a protected characteristic of the employee, such as race, age, or sex. It is retaliation if the employer takes an adverse action because the employee engaged in a protected activity.
Protected activities are the exercise of legal rights by employees. These activities can cost employers time, money, and reputation, so employers have a motive to suppress them, even though the law does not permit them to do so. The following are examples of protected activities:
- Filing a workers’ compensation claim
- Taking a FAMLI leave
- Contacting the EEOC about employment discrimination
- Requesting accommodations for a disability
- Reporting crimes you witnessed at your workplace to law enforcement
Which Union Activities and Concerted Activities are Protected From Employer Retaliation?
The National Labor Relations Act (NLRA) indicates protected activities related to labor unions and concerted activities, which it defines as activities meant to promote or guarantee the rights of workers, even when the workers engage in these activities outside the context of a formally organized labor union. These are some of the protected activities recognized under the NLRA:
- Discussing work conditions, including but not limited to pay and benefits, with coworkers, customers, or regulatory bodies
- Publicly distributing information about working conditions, as long as the employee does not do this during work hours or at the workplace; it is acceptable to hand out leaflets in the parking lot of your workplace after your shift or to post about your working conditions on social media
- Distributing petitions advocating for better work conditions, such as higher wages or paid leave, or signing such a petition
- Asking to meet with the employer about working conditions, individually or with coworkers
- Speaking up about workplace safety hazards or refusing to do a work task because you perceive it to be unsafe
- Responding to an employer’s decision to reduce some employees’ hours by refusing to work overtime to make up for the lost hours
Employers may not retaliate against employees for engaging in these protected activities, such as by harassing them or denying them pay raises for which they are eligible. Beyond the scope of the usual definition of employer retaliation, the NLRA also prohibits employers from attempting to coerce employees out of engaging in concerted activities or participating in labor unions. For example, employers may not threaten to fire employees who engage in concerted activities or offer them incentives, such as additional benefits or pay raises, if they do not. Employers may not question employees about their own union activities or those of their coworkers.
Boulder Retaliation for Union Activity Lawyer
If you are wondering whether the concerted activities in which you participated, with or without a union, are legal, the answer is yes. If you are wondering whether your employer’s response to your concerted activities was legal, it is never too soon to contact a Boulder employment lawyer to find out.
If your employer retaliated against you for engaging in union activities, you have the same rights as you would if your employer had retaliated against you for any other protected activity. You have the right to file an employer retaliation lawsuit against your employer in court, and if the court rules in your favor, you can get compensation for the income you lost because of your employer’s retaliation. Most employer retaliation claims settle before they get to trial, which means that you may be able to get adequate compensation without a long legal battle.
Contact HKM Employment Attorneys, LLP, About Employer Retaliation
The Boulder employment lawyers at HKM Employment Attorneys, LLP, can counsel you about employer retaliation for engaging in labor union activity or concerted activities. Call the employment lawyers at HKM Employment Attorneys LLP in Boulder, Colorado, to set up a consultation.
