Daniel Johns was quoted in Law360 discussing how employers should be careful with employee resource groups (ERGs) and not inadvertently operate a so-called company union, which could draw the ire of the National Labor Relations Board. "It's something they should certainly be cognizant of, because there probably are ways to structure these committees to get around the risk and still have them," said Dan. He followed up with, "if employers empower workers to assemble their own committee for mutual support and to provide feedback on issues, that would likely comply with the law, but if employers engage groups in back-and-forth discussions and put the results into action, that could be a violation.
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