What exactly is an unfair labor practice that violates employment law?

| Sep 16, 2020 | Labor Law |

New Jersey business owners and key company decisions makers routinely face a host of diverse concerns, regardless of the industry in which they operate.

The list of hot-button focal points is myriad and lengthy. It routinely spans matters ranging from entity choice, real estate concerns, financing and regulatory compliance to product/service selection and price, environmental issues, contract details, risk avoidance/litigation and more.

That “and more” reference might reasonably be spotlighted in uppercase, with special emphasis being placed on ongoing employer-worker interactions.

That centrally denotes labor law, a broad legal sphere that is virtually unparalleled for its nuances and complexity. Company principals must routinely consider and employ sound employment law strategies that both inform policy going forward and serve to identify and dampen potential downsides across a vast universe of emergent possibilities.

Seasoned and pro-employer New Jersey attorneys work closely with valued and diverse business clients across the full spectrum of employment law matters.

Their input ranges from the proactive drafting of key policy manuals and handbooks to the employment of risk-mitigation strategies relevant to multiple matters. Those include alleged workplace discrimination, wage/hour violations, safety concerns, benefit entitlements, wrongful termination, whistleblower developments and additional concerns.

What elevates an unfair labor practice to unlawful conduct?

Alleged company behavior can become unlawful and legally actionable when it is deemed taboo under the federal National Labor Relations Act or other federal and state employment laws. The list of qualifying conduct that qualifies as an unfair labor practice is long and varied, and centrally includes prohibited actions such as these:

  • Interfering with workers seeking to create, assist or join a union
  • Threatening or interfering with lawfully protected employee activities
  • Creating a sham/bogus union to influence or disrupt the activities of a legitimate entity
  • Discriminating against workers to prevent their participation in a union
  • Exercising bad faith in collective bargaining

 Avoiding unfair labor practice allegations

An employer’s proactivity in legal matters – or lack thereof – often spells the bottom line concerning whether a potentially troublesome issue assumes real magnitude or can be handled without material downsides.

And there is often much that a focused and forward-thinking New Jersey employer can do to identify and minimize the repercussions linked with an unfair labor practices charge or other workplace matter.

Often, the first step toward curbing conflict and deflecting future challenges is the simple act of timely conferring with a proven team of pro-employer business law attorneys.