Hard Limits

What your employer cannot legally do

Regardless of what your employee handbook says, federal law sets a floor that employer policy cannot go below. These are the specific prohibitions.

NLRA Prohibitions

These are unfair labor practices

Each of these is a violation of federal law. If your employer does any of them, you can file a free charge with the NLRB.

Threaten or punish you for organizing

Discipline, demotion, termination, or threats in response to organizing activity — including talking to coworkers about AI changes — is an unfair labor practice under Section 8(a)(1) and 8(a)(3).

Prohibit discussion of wages or conditions

Policies that prevent employees from discussing pay, hours, or working conditions with each other are unenforceable. This includes AI-driven changes to compensation or job duties. Any handbook policy saying otherwise violates federal law.

Spy on organizing activity

Surveillance — including AI-powered monitoring — that is used to identify and suppress organizing violates the NLRA. This includes asking employees to report on colleagues' organizing and using AI tools to identify organizers.

Make changes without bargaining

In unionized workplaces, employers cannot unilaterally change wages, hours, or working conditions — including significant AI deployment — without first bargaining with the union. Announcing changes is not the same as bargaining.

Create sham "company unions"

Employer-dominated committees set up to give the appearance of worker voice without real power are prohibited. AI transition task forces that are created by management and have no actual authority may fall into this category.

Interfere with NLRB proceedings

Once a charge is filed or an election is petitioned, employers face additional restrictions. Threatening employees during NLRB processes is among the most common violations found.

If Your Rights Are Violated

What to do next

If your employer has done any of the above, you have a concrete path forward. Filing an unfair labor practice charge with the NLRB is free, can be done online, and does not require a lawyer. The NLRB investigates on your behalf.

Key facts: The statute of limitations is six months from the date of the violation. If the NLRB finds merit in your charge, remedies can include reinstatement, back pay, and orders requiring the employer to cease the unlawful conduct. The employer cannot legally retaliate against you for filing a charge.

You do not need to have a union to file. Any employee can file a charge alleging an unfair labor practice.

File online: nlrb.gov/case-activity/file-a-charge-or-petition

Call the NLRB helpline: 1-844-762-6572 (free, confidential)

Many labor-side attorneys also offer free initial consultations. Search "NLRA attorney" plus your city, or ask your state bar's referral service.

Ready to act?

Six concrete steps you can take right now — from documenting everything to filing a charge — in order of urgency.

Steps to Take → Back to Home →