Federal Law

NLRA

National Labor Relations Act

29 U.S.C. §§ 151-169

Employer Size

1+

Filing Deadline

180 days

Extended Deadline

— days

Filing Agency

National Labor Relations Board

Overview

The National Labor Relations Act (NLRA) protects the rights of employees to organize, form or join labor unions, bargain collectively through representatives of their choosing, and engage in other concerted activities for mutual aid or protection. Section 7 of the NLRA also protects the right of employees to refrain from any or all such activities. The statute applies to most private-sector employers but excludes federal, state, and local governments, agricultural laborers, domestic workers, independent contractors, and supervisors. Importantly, Section 7 protections extend to non-union employees who engage in concerted activity, such as discussing wages or working conditions with coworkers.

Key Provisions

  • Section 7 guarantees employees the right to self-organization, collective bargaining, and concerted activity
  • Section 8(a) defines employer unfair labor practices including interference, domination, discrimination, and refusal to bargain
  • Section 8(b) defines union unfair labor practices including restraint, coercion, and secondary boycotts
  • Protects non-union employees who engage in concerted activities such as discussing wages or working conditions
  • Prohibits retaliation against employees for exercising Section 7 rights

Available Remedies

Reinstatement with back payCease-and-desist ordersPosting of notices informing employees of their rightsBargaining orders in appropriate casesMake-whole relief including compensation for direct or foreseeable financial harms

Filing Information

Deadline

6 months (180 days) from the unfair labor practice

Agency

National Labor Relations Board (NLRB)

Eligibility Notes

  • •Excludes federal, state, and local government employees
  • •Excludes agricultural laborers, domestic workers, independent contractors, and supervisors
  • •Section 7 rights protect concerted activity even for non-union employees
  • •NLRB applies jurisdictional standards based on annual business volume (e.g., $500,000 for retail; $50,000 for non-retail)
  • •Protected concerted activity includes discussing wages, working conditions, or safety concerns with coworkers

Covers These Situations

retaliationunion activityconcerted activitywrongful termination

Protected Characteristics

union activityconcerted activityorganizing

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This information is provided for educational purposes only and does not constitute legal advice. Laws and regulations are subject to change. Consult a qualified employment attorney for advice about your specific situation. Last reviewed: February 2025.