Employees/Employers NOT Covered by NLRA


For us to be able to help you with a workplace problem, you must be within NLRB jurisdiction -- which includes most employers in the private sector. The National Labor Relations Act (NLRA) protects non-union and union employees against discrimination based on union-related activity or group action ("protected concerted activity"). However, employers generally can make unilateral decisions about most personnel actions, including discharge -- unless employees are protected by an employment contract or collective bargaining agreement, and absent discrimination in violation of civil rights laws.

 

Workers Excluded from NLRB Coverage

 

The NLRA does not include coverage for all workers. The Act specifically excludes from its coverage individuals who are:

 

  • employed as agricultural laborers
  • employed in the domestic service of any person or family in a home
  • employed by a parent or spouse
  • employed as an independent contractor
  • employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
  • employed by an employer subject to the Railway Labor Act, such as railroads and airlines
  • employed by Federal, state, or local government
  • employed by any other person who is not an employer as defined in the NLRA

What We Do Not Do

 

We do not enforce various federal laws within the jurisdiction of other federal agencies. Some examples include:

 

The Department of Labor covers issues involving:

  • Employment Standards Act, including Wage and Hour Division and
    Workers' Compensation Programs
  • Occupational Safety and Health Act
  • Family Medical Leave Act
  • Fair Labor Standards Act
  • Employee Retirement Income Security Act
  • Uniformed Service Employment and Reemployment Rights Act
  • Labor Management Reporting and Disclosure Act
  • Continuation of Health Benefits Coverage Act
  • Employee Benefits Security Act
  • Immigration Reform and Control Act

The Equal Employment Opportunity Commission covers discrimination issues due
to:

  • Race
  • Gender
  • Color
  • National Origin
  • Religion
  • Age
  • Disability

The Federal Labor Relations Authority and Merit Systems Protections Board both cover employees of federal government.

The National Mediation Board covers railway and airline employees.

We do not enforce various state and local laws relating to employment, such as:

  • Unemployment Compensation Statutes
  • Workers' Compensation Statutes
  • Public Employee Relations Commission Statutes
  • Equal Employment Opportunity Statutes, such as Division of Human Rights
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