By Steven R. Weinstein, David J. Sprong and Daniel L. Pascoe Becker Meisel LLC

For years, several major pieces of workplace legislation have taken the spotlight and drawn most of the attention of employers, employees, and the legal community. So vast is the publicity surrounding the New Jersey Law Against Discrimination, the Americans with Disabilities Act, the Family and Medical Leave Act and the New Jersey Family Leave Law that one could think that these were the only laws having anything to do with employee rights and employer responsibilities.

But in a very real sense, they are just the tip of the iceberg when it comes to workplace laws and rules. Too often, while keeping an eye on the “big issues,” employers and employees, and even their legal advisors, overlook many other laws that affect the workplace that create significant rights and obligations. These must be considered in weaving the fabric of good employee relations. What follows are a few of the more significant laws and regulations that are mostly forgotten, but certainly not gone.

The National Labor Relations Act and Non-Union Employees
Most people are familiar with the National Labor Relations Act (“NLRA”) and its protection of employee rights to join, form and assist labor organizations.  But what many people don’t know or often forget is that non-union employees have substantive rights under the NLRA, even when there is no union in the picture.

The decision narrows the scope of a municipality’s authority to condemn private property, making it clear that the Local Redevelopment and Housing Law (LRHL) is not an independent source of authority for condemnation purposes. Instead, the LRHL was enacted in accordance with the Blight Clause of the New Jersey Constitution, which provides that the redevelopment of blighted areas is a public purpose for which private property may be taken. The Court made clear that the designations under the LRHL must be founded upon conditions historically understood as “blight.” Mere under-utilization is not sufficient to deem a property blighted and in need of redevelopment any longer.

Many commonly held employment practices of non-union employers can constitute unfair labor practices under the NLRA. For example, a simple no-solicitation rule that prohibits employees from soliciting one another, can violate the act. Moreover, a little-known Board rule provides that the common employer practice of prohibiting employees from discussing their pay rates can be an unfair labor practice. Disciplining or discharging an employee for violating such a rule can result in charges against an employer.



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