The NLRB to alert charging parties of potential OSHA and FLSA violations
The National Labor Relations Board (NLRB) has the authority to investigate alleged violations of the National Labor Relations Act. Alleged violations of the Occupational Safety and Health Act (OSHA) and the Fair Labor Standards Act (FLSA) are outside the scope of the NLRB’s jurisdiction. Now, if the NLRB believes that an employer may have violated one of those acts, including their anti-retaliation provisions, the NLRB agent should notify the party who filed the unfair labor practice charge that a complaint can be filed with the Department of Labor’s Wage and Hour Division or the Occupational Safety and Health Administration. The NLRB’s Associate General Counsel’s memorandum announcing the expansive policy of possibly facilitating the filing of complaints at other agencies can be accessed here.
This is an extension of a policy announced earlier this year to assist current and former employees with filing and pursuing claims of potential labor and employment law violations. Employers should be aware that an NLRB investigation could potentially lead to charges from other agencies.
Honigman will continue to monitor developments in this area. If you have any questions about this newly-issued operations memorandum, please contact one of Honigman’s Labor and Employment attorneys.