Decoding Concerted Activities: A Guide for HR Professionals and Leaders - Part 1

"Concerted activities" is a term many HR professionals may encounter, yet not everyone fully understands its implications, who it applies to, and why it’s critical for workplace management. Understanding concerted activities is essential for navigating employee rights and maintaining compliance with labor laws, particularly the National Labor Relations Act (NLRA).

This article will break down what concerted activities are, who they apply to, and provide clear examples to enhance understanding.

What Are Concerted Activities?

Concerted activities refer to actions taken by two or more employees, or by a single employee on behalf of others, to address or improve workplace conditions. These activities are protected under Section 7 of the NLRA, which grants employees the right to act together to improve their pay, working conditions, or other terms of employment without fear of retaliation.

Even in non-unionized workplaces, employees are entitled to these protections, making concerted activities a critical concept for HR professionals to grasp.

Who Does Concerted Activity Apply To?

Concerted activity protections apply to:

1. Private-Sector Employees:
2. Union and Non-Union Employees:
3. Groups or Individual Employees:

Exclusions:

• Concerted activity protections do not apply to supervisors or managers as defined by the NLRA. Additionally, independent contractors are typically excluded.

Examples of Concerted Activities

To better understand concerted activities, let’s explore some common examples:

1. Discussing Wages and Benefits:
2. Petitions or Group Complaints:
3. Social Media Posts:
4. Strikes and Walkouts:
5. Meeting to Discuss Workplace Issues:

What Protections Are Offered?

Employees engaged in concerted activities are protected against:

• Retaliation or Discipline: Employers cannot terminate, demote, or otherwise penalize employees for participating in concerted activities.
• Surveillance or Monitoring: Employers are prohibited from unlawfully monitoring or interfering with employees engaged in protected activities.
• Discrimination: Employees cannot be treated unfairly for advocating workplace changes.

Examples of Employer Violations

HR professionals should be aware of common employer missteps regarding concerted activities:

• Restricting Wage Discussions: Policies that prohibit employees from discussing their pay are illegal under the NLRA.
• Disciplining Employees for Complaints: Punishing employees for collective complaints about workplace conditions is a violation.
• Misinterpreting Social Media Posts: Dismissing employees for social media posts without considering whether they address collective workplace concerns can lead to legal issues.

Why HR Professionals Must Understand Concerted Activities

1. Avoid Legal Risks: Misunderstanding concerted activity rights can result in costly legal battles and damage to the organization’s reputation.
2. Foster Trust and Engagement: Respecting employee rights promotes a culture of trust and collaboration.
3. Ensure Compliance: HR professionals must ensure company policies comply with NLRA protections.

Key Takeaways for HR Professionals

• Concerted activities protect employees’ rights to act collectively to improve workplace conditions, even in non-unionized settings.
• HR must recognize and respect these rights, avoiding retaliation or restrictive policies.
• Common examples include discussing wages, signing petitions, and raising collective workplace concerns.
• Supervisors and independent contractors are typically excluded from these protections.

By understanding and supporting concerted activity rights, HR professionals can ensure their organizations remain compliant with the law while fostering a workplace environment that values employee input and collaboration.

Elga Lejarza

Founder/CEO

HRTrainingClasses.com

HRDevelop.com

Lejarza HR Consulting