Since President Joe Biden took office in 2021, the National Labor Relations Board (NLRB or the board) has shifted in a pro-labor direction. In addition to aligning board appointments back to a Democrat-controlled majority, Biden’s appointment of Jennifer Abruzzo as the NLRB’s general counsel has resulted in numerous policy initiatives by the board. Whether a direct result of the administration’s labor-friendly initiatives or an independent coincidence, the board recently reported a substantial increase in the number of union representation petitions filed at the NLRB.

Most nonunion employers tend to overlook and discount the NLRB’s potential reach into their operations, believing that the board’s jurisdiction only extends to employee issues in union shops. That type of thinking may be dangerously naive. This is particularly true when it comes to employees’ conversations about their wages. According to the NLRB, employer policies that specifically prohibit discussions of wages among employees are unlawful.