Tag Archives: unions

Manna From Heaven? – NLRB Has Provided Confidentiality Language That Complies With the Law

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

Employers Beware: NLRB Says Your Confidentiality Rules and At-Will Employment Disclaimers May Violate the Law

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

The Fifth Circuit Says Employer Can Privately Settle FLSA Claims Without DOL or Court Approval

For over 30 years, the federal courts in Florida (and in other states) have required that settlements of minimum wage and overtime claims under the Fair Labor Standards Act (“FLSA”) be reviewed and approved either by a court or the US Department of Labor.   Now, one court, the Fifth Circuit Court Of Appeals, the federal … Continue Reading

National Labor Relations Board Highlights Examples of Protected Concerted Activity on New Web Page

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

NLRB’s Acting General Counsel Provides Do’s and Don’ts for Social Media Policies

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

NLRB Continues its Attack on Overly Broad Social Media Policies

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

NLRB Says No to Requiring Employees to Sign Arbitration Agreements Prohibiting Group or Class Action

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

NLRB Postpones Notice-Posting Rule Until January 31, 2012

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

Microbreweries Are Good; Micro-Bargaining Units Aren’t

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

The NLRB Extends Its “Runaway Shop” Doctrine to Companies Expanding Operations in Right-to-Work States

The National Labor Relations Board (“NLRB”) filed a complaint against the Boeing Company in April based on Boeing’s decision to open a second assembly line to build its Dreamliner airplanes in a non union plant in South Carolina instead of expanding its current assembly line in a union plant in Washington State (see NLRB v. … Continue Reading

Federal Appeals Court Agrees with NLRB That a Confidentiality Provision in an Employment Agreement Violated the Law

As discussed in an earlier post (NLRB OKs Employee Bad-Mouthing on Social Media), the National Labor Relations Board is not just in the business of regulating union activity.  According to law, two or more employees (regardless of union affiliation) are protected in acting together to improve the conditions of their employment, including wages and hours. This is … Continue Reading
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