Q: Does Massachusetts define Protected Concerted Activity for private sector employees?
Massachusetts has MGL that defines Protected Concerted Activity for Public Employees, but there is no mention of private sector employees. Are there laws that protect private sector employees in Massachusetts? Or is the only private sector protection at the Federal level(NLRB)?
A: Usually this type of law addresses protection from GOVERNMENT ACTION based on assertion of constitutional rights, or it could be UNION action. (NLRB) If you are a public sector employee, your employer is the government, which is why they have these laws. For private sector employees, the employer is not the government, so action is not government action. If you are a member of a UNION or collective bargaining unit, then you come under the NLRB, in all the states. It is called preemption. Thank you for using Justia ask a lawyer.
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