Yes, software engineers have labor rights
If you're a software engineer working for a private-sector company, you are almost certainly covered by the National Labor Relations Act. The NLRA doesn't care about your job title, your salary, or whether your industry has a history of unionization. It covers most private-sector employees, period.
The key exception: if you are a supervisor or manager under the NLRA's definition — meaning you have the authority to hire, fire, or direct other employees' work — you may not be covered. But many engineers with "lead" or even "manager" in their title don't actually have this authority. The NLRB looks at your real duties, not your title.
The uncomfortable truth: Most software engineers have never thought about labor law because the tech industry historically hadn't needed it. Compensation was high, jobs were plentiful, and individual leverage was strong. AI is changing that equation. When individual leverage decreases, collective leverage is what remains — and the NLRA exists specifically to protect it.
What's protected and what isn't
The line between protected and unprotected activity matters. It's the difference between having federal legal protection and having none. Here are scenarios specific to tech workplaces:
You and three other engineers send a group email to your VP asking for transparency about AI-driven headcount changes
This is textbook concerted activity under Section 7 of the NLRA. Two or more employees acting together to address working conditions are protected. Your employer cannot punish any of you for sending this email.
You discuss your salary and AI-related compensation changes in a private Slack channel with coworkers
Your right to discuss wages and working conditions with colleagues is federally protected. Any company policy that says otherwise — including Slack "acceptable use" policies — is unenforceable to the extent it restricts this right.
You and colleagues meet off-site to discuss organizing a response to the restructuring
Meeting with coworkers to plan collective action about working conditions is protected. This includes informal meetings, group chats on personal devices, and conversations at lunch.
You alone complain to your manager about the AI changes in a 1:1
Individual complaints to management, by themselves, are generally not protected concerted activity. The key word in the NLRA is "concerted" — meaning collective. One person expressing frustration is not the same as two or more acting together. This is the single most important distinction to understand.
You post on your personal social media criticizing the company's AI strategy without reference to working conditions
Criticizing the company's business decisions, product strategy, or leadership competence — without connecting it to working conditions — is generally not protected. The NLRA protects discussions about wages, hours, and working conditions. A public rant about bad product decisions may not qualify, even if AI is involved.
The non-compete and NDA problem
Many software engineers have signed non-compete agreements, NDAs, or confidentiality clauses as part of their employment. Here's what you need to know:
NDAs cannot override your NLRA rights. Your right to discuss wages, hours, and working conditions with coworkers is federal law. An NDA that prevents you from talking to colleagues about how AI changes affect your job or compensation is unenforceable to that extent. This has been affirmed by the NLRB repeatedly.
Non-competes are being restricted. The FTC has moved to limit non-compete agreements. Several states — including California, where non-competes are largely unenforceable — have gone further. If you're being laid off due to AI restructuring while bound by a non-compete, consult an attorney about enforceability in your state.
Severance agreements require careful review. If you're offered severance, you're almost certainly being asked to sign a release of legal claims. You are never required to sign immediately. If you're over 40, the Older Workers Benefit Protection Act gives you 21 days to consider and 7 days to revoke. Take the time. Have an attorney review it.
The WARN Act and tech layoffs
If your company has 100+ employees and lays off 50+ workers in a 30-day period, the federal WARN Act requires 60 days advance written notice. Many tech companies have violated this during AI-driven restructuring. If you received no notice, or insufficient notice, you may be entitled to up to 60 days of back pay.
Several recent tech layoffs have resulted in WARN Act lawsuits. This is a well-established area of employment law with attorneys who specialize in it.
Remote workers and the WARN Act: If your team is distributed, the "single site of employment" question becomes complex. Courts are still developing case law on how remote workers count toward WARN Act thresholds. An attorney can help you evaluate this for your specific situation.
What you should do right now
1. Document on personal devices. Forward relevant emails, Slack messages, and meeting notes to personal storage. When you lose access to company systems — and if you're laid off, you will — the documentation you saved is all you'll have.
2. Talk to colleagues — off company platforms. Use personal phones, Signal, personal email, or meet in person. The conversation is protected by law, but you still don't want your employer monitoring it on company Slack. Be smart about where you have these conversations, not whether you have them.
3. Act collectively, not individually. The difference between zero legal protection and full federal protection is whether you act alone or with at least one other person. A group of engineers sending a letter to leadership, coordinating questions at an all-hands, or jointly requesting information about restructuring plans — these are protected actions.
4. Check the WARN Act. Count the layoffs at your location over the past 90 days. If the total is approaching 50 and you received less than 60 days written notice, consult an employment attorney. Most handle WARN Act cases on contingency.
5. Know the enforcement reality. The NLRB is weaker than it's been in years — reduced quorum, case backlogs, and an employer-friendly Board. This doesn't eliminate your rights, but it means enforcement may be slower and outcomes less certain. State-level protections, private lawsuits, and the WARN Act are additional tools that don't depend on the NLRB.