The National Labor Relations Board (NLRB) has decided not to seek U.S. Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule. As you may recall, the rule would have required most private sector employers to post a notice notifying employees of their rights under the National Labor Relations … Continue Reading
Last week, an administrative law judge for the National Labor Relations Board, ruled that a technical college ran afoul of the National Labor Relations Act for instituting a policy prohibiting employees from gossiping and for then firing an employee who violated the policy. Click here for a copy of the case. Laurus Technical College in Atlanta … Continue Reading
A NLRB judge recently ruled that a non-profit’s discharge of two employees for having an inappropriate conversation on Facebook about the non-profit did not run afoul of the National Labor Relations Act. Click here for copy of the case. On July 30, 2012, the non-profit, a corporation that ran an after school teen center in … Continue Reading
An Administrative Law Judge of the National Labor Relations Board has once again weighed in on acceptable attire in the workplace. The Judge decided that an employer improperly disciplined a union employee for wearing a t-shirt that had the word “slave” along with a picture of a ball and chain. The decision follows on the … Continue Reading
Earlier this week, the United States Court of Appeals for the D.C. Circuit struck down the National Labor Relations Board’s (“NLRB”) poster rule. In 2011, the NLRB issued a rule requiring private employers (union and non-union) to post a specific notice informing employees of their right to unionize under the National Labor Relations Act (NLRA). See … Continue Reading
Employers, union and non-union alike, have been spinning their wheels every time the NLRB comes out with a new case, general counsel memorandum or advice memorandum slamming a generally accepted employment policy. This past year, we have seen the NLRB take on social media policies, collective action waivers, at-will disclaimers and confidentiality rules. This time, … Continue Reading
Whether you have in-house or outside recruiters, make clear what they can and cannot say to your employees. On March 11, 2013, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board made the recommendation that Aerotek, Inc., an employee staffing company, violated the National Labor Relations Act (“NLRA”) when its recruiters told employees … Continue Reading
On February 1, a federal court in New York joined appeals courts in the 3rd, 4th, 5th, 8th, 9th and 11th circuits in finding enforceable a waiver of the right to bring collective actions under the Fair Labor Standards Act (FLSA) in arbitration agreements. This decision is at odds with the National Labor Relations Board’s … Continue Reading
Am I the only blogger who has a problem with social media? My twelve year old is addicted to his smart phone and Instagram. I constantly get poked from Facebook users. I read with dismay how administrative law judges interpreting the National Labor Relations Act (NLRA) have invalidated employers’ efforts to place some limits on … Continue Reading
This summer, the National Labor Relations Board (“NLRB”) highlighted its position that confidentiality rules and at-will employment disclaimers routinely promulgated by employers may violate the federal labor law. The NLRB held that a generalized directive to employees not to discuss matters under investigation with co-workers interfered with the National Labor Relations Act (“NLRA”). The NLRB … Continue Reading
If you are a non union employer be afraid – be very afraid. Take a look at the NLRB’s new web page that highlights cases where the Board thought that the activity engaged in by the employee was protected under federal labor law, http://www.nlrb.gov/concerted-activity. The cases involve both union and non-union employers because the concept of … Continue Reading
The National Labor Relations Board Acting General Counsel Lafe E. Solomon issued his third report on employees’ social media use on May 30. We previously blogged about the first report (see NLRB Issues Guidance on Social Media Policies) and several other NLRB cases involving social media. This recent report focuses on the lawfulness of several … Continue Reading
In January we blogged about the NLRB’s decision in D.R. Horton, Inc., which said that requiring employees, as a condition of employment, to sign an arbitration agreement barring collective or class actions for employment-related claims violated the law (see NLRB Says Not To Requiring Employees To Sign Arbitration Agreements Prohibiting Group of Class Action). A … Continue Reading
The U.S. Court of Appeals for the District of Columbia Circuit recently let stand a decision of the National Labor Relations Board (NLRB or the Board) on whether a property owner can bar employees of an onsite contractor from distributing union-related handbills on the property. The case, New York-New York, LLC v. NLRB, has been … Continue Reading
On March 27, we posted an entry on the decision of a federal court in Washington, D.C. that some portions of the NLRB’s rule requiring employers to post a “Notice of Employee Rights” are not valid. Under the NLRB’s posting rule, employers are required to make the posting by April 30. The court’s decision is now on … Continue Reading
We have been commenting on the National Labor Relations Board’s (NLRB) recent decisions on the lawfulness of social media policies. An NLRB Administrative Law Judge recently struck down a portion of a company’s social media policy that prohibited employees from commenting on work-related legal matters without the express permission of the company’s legal department. The … Continue Reading
A federal district court in Washington, D.C. has recently said that certain provisions of the National Labor Relations Board’s “Notification of Employee Rights” rule, which most employers are required to post by April 30, are not valid [for information about the rule, see our blog posts, The NLRB, Again, Postpones Notice-Posting Rule Until April 30, … Continue Reading
In January we blogged about the NLRB’s decision in D.R. Horton, Inc., which said that requiring employees, as a condition of employment, to sign an arbitration agreement barring collective or class actions for employment-related claims violated the law (see NLRB Says Not To Requiring Employees To Sign Arbitration Agreements Prohibiting Group of Class Action). In … Continue Reading
On January 3, 2012, the National Labor Relations Board (NLRB) ruled in D.R. Horton, Inc., that requiring employees, as a condition of employment, to sign an arbitration agreement prohibiting them from filing collective or class actions for employment-related claims violates the law. The decision involved an overtime case brought by Michael Cuda against his employer, … Continue Reading
On August 26, our colleague Lisa Berg posted an article on the National Labor Relations Board’s (NLRB) new rule requiring employees (union and non-union) to post a notice informing employees of their rights under the National Labor Relations Act, including the right to organize a union, form, join, or assist a union, bargain collectively, discuss … Continue Reading
As discussed in an earlier post, NLRB Postpones Notice-Posting Rule Until January 31, 2012, employers subject to the National Labor Relation Board’s jurisdiction are required to post a notice notifying employees of their rights under the National Labor Relations Act by January 31, 2012. If 20% or more of your employees are not proficient in English, … Continue Reading
As another follow-up to our posts, NLRB OK’s Employee Bad-Mouthing on Social Media, Update: The NLRB Seesaws On Social Media Bad-Mouthing, NLRB Issues Guidance On Social Media Policies and Administrative Law Judge Recommends Employees Fired For Facebook Be Reinstated and Provided Loss of Pay, an Administrative Law Judge (“ALJ”) has made a recommendation on another … Continue Reading
On August 26, our colleague Lisa Berg posted an article on the National Labor Relation Board’s (NLRB) new rule requiring employees (union and non-union) to post a notice informing employees of their rights under the National Labor Relations Act, including the right to organize a union, form, join, or assist a union, bargain collectively, discuss … Continue Reading
I’m no beer aficionado but every now and then I enjoy a Purple Haze, an American-style wheat beer from a microbrewery just outside of New Orleans. What employers will probably not enjoy is the National Labor Relations Board’s (“Board”) recent ruling, in Specialty Healthcare and Rehabilitation Center of Mobile, making it easier for unions to … Continue Reading
