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NLRB General Counsel’s Memo Reminds Employers That the Coronavirus Does NOT Excuse Labor Law Violations

 

Earlier this month, National Labor Relations Board (“NLRB”) General Counsel Peter Robb (“Robb”) released a six page memo in which he confirmed (not that there was widespread doubt) that even with the coronavirus pandemic disrupting workplaces for the past six months, that did not excuse labor law violations.

So what can employers do?  For starters, reviewing this memo would be a good idea.  Keep in mind the several situations that Robb highlighted as being potentially susceptible to labor law violations that have been a key focus of the NLRB as of late.  Second, it would be a good idea to review your workplace policies and procedures to make sure you are not running afoul of the National Labor Relations Act.  Third, as always, it is a good idea to consult a labor law attorney to provide guidance if you have particular questions or need additional advice.  (This blog is not intended, and never has been, here to provide legal advice.)  With the NLRB identifying protected concerted activity and collective bargaining as two particular areas of focus during the coronavirus pandemic (among a few others as set forth in the memo), it would be wise to pay particular attention to these areas as it relates to your workplace policies and procedures.  Employer should bear in mind that the memo confirms that using the coronavirus pandemic as an “excuse”  or way to avoid liability for labor law violations will not get you very far.


For a copy of Robb’s memo:  https://apps.nlrb.gov/link/document.aspx/09031d4583243d83

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