What the 5th Circuit’s Ruling Means for Employers
A federal appeals court confirmed a decision from the National Labor Relations Board (NLRB) that expanded employee protections under section 7 of the National Labor Relations Act (NLRA), limiting how employers respond to employees discussing protected concerted activity such as:
- Talking about wages, hours, and working conditions
- Joining together to improve workplace conditions
- Organizing or supporting a union
- Complaining as a group about unfair treatment
An employer would violate this law if they assumed an employee was taking part in any of the activities and fired them for it, even if they weren’t. Before, the law protected employees who were actually engaged in those discussions.
These rights also apply to most private-sector workers, even if they’re not in a union.
"It’s a cautionary tale for all employers," says Chandra Kill, CEO of KRESS Employment Screening. "Twenty years ago, an employer could say, 'Don’t talk to anyone about your salary,' and could fire you for doing so. Employees now have more freedoms, with this ruling an example of that shift."
What You Should Do Now (In 5 Simple Steps)
- Know the Law - Employees have the right to talk about pay and work conditions, even without a union.
- Train Managers - Make sure they don’t act on assumptions. Firing someone just for appearing to organize can be a legal risk.
- Update Policies - Remove rules that ban pay discussions or discourage organizing.
- Stick to Facts - Always document real performance issues, not rumors or guesses.
- Stay Informed - Labor laws are shifting. Review your policies regularly and ask legal or HR if you’re unsure.
Questions? Learn more and continue the discussion with our expert team at sales@kressinc.com.