Tag Archives: Notice

What’s in YOUR COBRA Notice? Insufficiencies Could Drain Your Wallet

SunTrust Banks learned an expensive lesson about COBRA compliance recently. It was sued for failure to send proper COBRA election notices after employees terminated employment. SunTrust’s agent for COBRA notice purposes, Xerox HR Solutions, actually sent timely COBRA notices to the former employees.  But two former employees/plaintiffs claimed that the notices were legally insufficient and, … Continue Reading

Forms Over Substance – Fair Credit Reporting Act Authorization Form Litigation

Employers rely on background screening as part of the hiring process. Recently, numerous large, well-known employers have been accused of failing to comply with the Fair Credit Reporting Act (“FCRA”). Why is this happening? The issue is the legality of the forms these employers may be using to obtain applicants’ authorizations to collect background information. An employer using a third … Continue Reading

NLRB Posting – Dead For Now

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

No Need To Dust Off That NLRB Poster, Yet

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

Despite Court Ruling Striking Several Key Provisions, Employers Must Still Post NLRB Notification of Employee Rights By April 30

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

NLRB Issues Final Rule Requiring Posting of Notice to Employees

On August 25, 2011, the National Labor Relations Board (NLRB) issued a Final Rule that requires employers subject to the NLRB’s jurisdiction (union and nonunion) to post a notice notifying employees of their rights under the National Labor Relations Act.  The notice, which must be posted by November 14, 2011, will inform employees of their … Continue Reading