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In yesterday’s webinar and in this prior post, we discussed the recent federal court ruling that found the President’s appointments of three NLRB members unconstitutional. According to today’s Wall Street Journal, the U.S. Chamber of Commerce is reaching out to employers and encouraging them to seek reversal of key rulings from the past year. “Many …
A federal court just ruled that the President violated the Constitution when he filled vacancies on the National Labor Relations Board. The move could invalidate several months of controversial NLRB decisions and cause procedural snafus and legal wrangling for months to come. The court concluded that the President overstepped his authority when he used so-called …
Do you tell employees to refrain from discussing internal investigations? You might be violating the law, according to both the EEOC and the NLRB. The Typical Approach For years, employment lawyers have advised their clients to conclude investigatory interviews with a statement like: “You are hereby instructed to keep what we discussed strictly confidential.” That …
Seems like every 0.1 seconds there’s a new take on what you should — or shouldn’t — put in your social media policy. As a public service, I thought I would gather some of the latest and greatest tools and tips for your perusal: Here’s the Blawg’s summary of the NLRB’s latest guidance on SM policies. Here’s the …
Yesterday, the National Labor Relations Board announced a new online tool designed to inform employees of their rights to engage in “protected concerted activity” — even if they’re not in a union. What Is It? The site discusses a plethora of recent cases that can be viewed by clicking on an interactive map, including: a construction crew …
As discussed here last week, the NLRB has issued new guidance on what employers should — and shouldn’t — include in social media policies. Basically, the NLRB ‘s position is that lots and lots (and lots) of provisions in most social media policies out there right now are unlawful. The Basics First, it’s important to note that …
The NLRB has issued new guidance on what employers should — and shouldn’t — include in social media policies. Basically, the NLRB ‘s position is that lots and lots (and lots) of provisions in most social media policies out there right now are unlawful. I’m in the process of digesting its rather voluminous 24 pages and …
Over the weekend, Republican NLRB member Terence Flynn announced his resignation. Flynn resigned following allegations in this this report by the NLRB’s Office of Inspector General that he committed a series of ethics violations while employed by the Board. Flynn denied the allegations. Flynn was among the controversial “recess” appointees by President Obama. The lone remaining Republican on …
Employers all over the nation are exhaling today … On Monday, a federal court rejected the NLRB’s new expedited union election rules on the grounds that the Board lacked a quorum when they were passed. Yesterday, the NLRB announced that it has “temporarily suspended” the rules, which had taken effect on April 30. Two Out …
The NLRB’s new election rules are now in effect. Employers all over the nation are freaking out. Don’t. Here’s what you really need to know. What’s the latest? The rules officially went into effect yesterday, April 30. To mark the occasion, the NLRB’s General Counsel issued new guidance describing in rather excruciating detail how the new …
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