Labor advocates say employer-driven debt is a form of illegal union-busting, and regulators appear poised to crack down.
The CFPB report also found that TRAPs effectively deter employees’ ability to quit, which is protected by the National Labor Relations Act when done in concert with colleagues, according to the agency charged with enforcing the law. The NLRA gives workers the right to unionize, and generally protects their ability to engage in collective action as a bargaining tactic with management.
“These are an insidious form of employer-driven debt whereby [registered nurses] become obligated to pay their employer large sums of money if they quit or are fired before a set term, usually 2-4 years,” said NNU legal counsel Nicole Daro, in an email toThe union believes that the NLRB could prohibit TRAPs for several reasons, Daro added. The agreements “have a strong chilling effect on employees’ right to engage in protected collective action to improve working conditions,” she said.
“If nurses know that they may be on the hook for thousands of dollars of training costs if separated from their job, it would make them more nervous about engaging in organizing activity,” Christman said.
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