Topic: NLRB

In the Workplace: Latest Need-to-Know Employment Law News

Latest I-9 forms, ADAAA rulings, NLRB developments, new state laws and federal regulations … keeping up with the myriad legal requirements of managing your employees can be challenging for the best of us. This roundup of recent employment law updates should help: The “Employee Tricked Me Into Firing Her” Defense (Cozen O’Connor): “The NLRB continues… Read more »

NLRB To Supreme Court: A Little Help, Please?

“In Noel Canning v. NLRB, a DC Circuit panel held that President Barack Obama improperly exercised his recess appointment power by nominating a majority of the NLRB in January of 2012 while Congress was technically still in session. The ruling calls into question every action taken by the board in the past year, including many… Read more »

Court Rules Against Obama: Is Your Company’s Social Media Policy Now Totally Invalid?

In late January, a DC circuit court ruled that President Obama’s “recess” appointments to the National Labor Relations Board didn’t actually happen during a recess, and were therefore invalid. The ruling has huge implications for many workplace issues. In early analysis, attorney Peter Felsenfeld of law firm Barger & Wolen reminds us that it will… Read more »

What’s Next for the National Labor Relations Board? [Video]

For employers, a brief look at the implications of the recent DC circuit court determination that President Obama’s January 2012 recess appointments to the National Labor Relations Board were unconstitutional. Key takeaways: Ruling could invalidate hundreds of NLRB actions made since January 4, 2012 Impact of the decision will likely take months to be felt… Read more »

BREAKING: Obama’s NLRB Recess Appointments Ruled Unconstitutional

The DC Circuit Court of Appeals issued a ruling earlier this morning that calls into question hundreds of National Labor Relations Board decisions issued in 2012. Douglas Hass of law firm Franczek Radelet explains: “The U.S. Court of Appeals for the D.C. Circuit ruled this morning that President Barack Obama’s January 2012 recess appointments of… Read more »

Workplace Issues: Latest Need-to-Know Employment Law News

Employee social media use, overtime laws, worker classification rules, workplace discrimination, union bargaining, confidentiality, H1-B visas, noncompetes, and employee handbooks … but a few of the issues in this latest roundup of commentary and analysis from labor and employment attorneys on JD Supra. For your reference: The NLRB’s Year In Numbers: FY 2012 (Franczek Radelet… Read more »

NLRB Rules Witness Statements Are No Longer Confidential

“In yet another reversal of longstanding, bright-line precedent, the National Labor Relations Board (NLRB or Board) has changed dramatically the rule applicable to employers in responding to union information requests seeking employee witness statements collected during a workplace investigation.” (Ogletree Deakins) Since 1978, the National Labor Relations Board (NLRB) allowed employers to maintain the confidentiality… Read more »

5 Small Business Resolutions For the New Year

Still drafting your new year’s resolutions? Consider the following suggestions from labor and employment lawyers on JD Supra. Think of them as five ways to keep the “happy” in “Happy New Year 2013”… 1. Clean up your workplace policies: “You have cleaned out your fridge and the cupcakes, cookies, Christmas candy and potato chips are… Read more »

Workplace Issues: Latest Need- to-Know Employment Law News

What’s new in the world of employment law? Quite a bit, actually: employee privacy, ADA and ADAAA issues, theft of trade secrets, vacation policies, ERISA-related matters, social media in the workplace, FMLA leave, right-to-work laws, NLRB and EEOC activity, E-verify laws, wage-hour issues, background check approvals, and much more. Here’s a roundup of recent labor and… Read more »

2012 In Review – The Most Popular Small Business Support Posts of the Year

As we look back at the most-read stories of the year, three issues quickly rise to the top: Technology in the workplace, especially employee use of social media (both on and off the clock), Health care reform and how to comply with the new rules, and Day-to-day employment matters, from hiring to firing and just… Read more »

So Much For Tradition – NLRB Overturns 50 Years of “Dues Checkoff” Precedent

“Going forward, the NLRB will no longer allow employers to unilaterally discontinue checkoff when the contract expires or terminates. The result: Employers subject to checkoff must keep a steady stream of union dues open and flowing to the unions that represent their employees, even though the union contract has expired.” (Davis Wright Tremaine) The National… Read more »

Social Media in the Workplace: What’s Your Company’s Policy?

Employee social media use – on and off company time – can create havoc for unwary employers. What to do about it? A good first step: watch these two videos on social media policies and procedures in the workplace. The first features labor attorney Eric Kinder (Spilman Thomas & Battle), who looks at some of… Read more »

Workplace Issues: Latest Need-to-Know Employment Law News

 What’s news? Cost of living adjustments, arbitration, modified workweeks, healthcare deadlines, social media policies, IP and employment issues, EEOC guidance on gender-based violence, wellness programs … for your HR reference, here’s a roundup of recent guidance and analysis by the nation’s leading employment lawyers and law firms. As posted on JD Supra: – Ninth Circuit… Read more »

Politics in the Workplace: What Are the Rules?

The presidential election is less than three weeks away, but it could be a looong three weeks for employers and HR managers. Nicole Jeong of law firm Morrison & Foerster explains: “[B]ecause many of the issues at the forefront of these elections can be deeply personal since they deal with race, class, gender, sexual orientation,… Read more »

Employer Violated NLRA When Terminating Employee for Harassment

The National Labor Relations Board has found the termination of an employee who violated his employer’s harassment policy to be unlawful. Neil Goldsmith and Chris Johlie (from law firm Franczek Radelet) provide background: “… the employer was in the midst of a decertification campaign when several female employees lodged a written complaint over vulgar, harassing… Read more »