3-day Virtual Seminar

Hold the Salt: Legally Spotting and Addressing Union Salting Tactics in the Workplace

Overview

Union "salting" is a sophisticated tactic in which individuals apply for jobs with the primary intent of organizing your workforce-not necessarily to work.

While this is a protected activity under the National Labor Relations Act (NLRA), employers still retain important legal tools to identify when an applicant or employee may not have a genuine interest in employment. This webinar will equip HR professionals, in-house counsel, and managers with the most current and legally defensible methods to assess suspicious behavior without running afoul of labor laws. 

We’ll break down the latest guidance from the National Labor Relations Board (NLRB), including the Acting General Counsel's July 2025 memo, and show you how to lawfully spot and address potential salting. You’ll also learn how to update your hiring protocols and documentation practices to withstand legal scrutiny while maintaining fair and compliant processes. 

Why you should Attend

• Avoid legal landmines: Missteps in handling suspected salting can trigger unfair labor practice charges, costly litigation, or backpay liability
• Gain clarity: Understand how to distinguish between protected union activity and bad-faith applications
• Take proactive control: Learn how to implement application processes and hiring protocols that make it easier to spot salts-legally
• Stay current: Receive up-to-date insight into the NLRB’s evolving position on what constitutes a “genuine applicant”
• Enhance defensibility: Learn how to document behavior and hiring decisions in ways that protect your organization

Areas Covered in the Session

• What is union salting, and why is it legally protected under the NLRA? 
• The 2025 NLRB General Counsel Memo: What it says and how it reshapes salting analysis 
• Understanding the FES/Toering framework and the importance of proving “genuine interest” 
• Red flags in applications: Identifying signs of bad-faith job applicants 
• Legal use of neutral hiring policies to challenge salt applicants (e.g., moonlighting policies) 
• Best practices for documenting application authenticity and interview conduct 
• How to refine your recruitment strategies to limit exposure without discrimination 
• What not to do: Conduct that will get you in trouble with the NLRB 
• Tips for coaching hiring managers and HR personnel on legal compliance 
• The role of backpay and remedies in salting cases-how damages are calculated 
• Real-world case studies illustrating how courts and the NLRB have ruled on salting

Who Will Benefit

• All