Topic: NLRB

NLRB Issues First Social Media Decision (And It Looks Very Familiar)

Earlier this month, the National Labor Relations Board rejected Costco’s social media policy, which prohibited employees from posting statements that “damage the Company … or damage any person’s reputation.” Denise Keyser and Mary Cate Gordon of law firm Ballard Spahr explain: “The Board found the policy overly broad, concluding that it reasonably could be interpreted… Read more »

Employment Law Roundup: EEOC Priorities, Non-Competes, Work Travel, Form I-9, ADA, Outsourcing 401(k)s, More

For your reference, a roundup of recent updates and advisories on JD Supra spanning the broad range of labor and employment law issues that arise in the workplace: “Ladies and Gentlemen, this is your captain. Looks like we missed our window of opportunity to sign this labor agreement, so we’re in for a long wait…”… Read more »

HR Update: 5 Best Practices for Internal Investigations

“…[E]mployers are presented with circumstances on a regular basis that must be investigated effectively to avoid significant legal liability… [K]eep in mind that an internal investigation may become your defense in any subsequent litigation and therefore may be subject to significant scrutiny by the plaintiff, the plaintiff’s lawyer and possibly a jury. As a result,… Read more »

NLRB Says “No” to Confidentiality in Workplace Investigations?

The National Labor Relations Board recently ruled that healthcare provider Banner Health was not justified in enforcing a rule that prevented workers from discussing an internal investigation with colleagues. (The board said that such a rule violated employee rights to engage in protected concerted activity.) It’s an important decision affecting all businesses, because asking employees to… Read more »

Another Strike Against the NLRB’s Fight to End Arbitration Clauses

Stop us if you’ve heard this one before… That’s not the lead-in to a tired joke, but rather our introduction to the latest chapter in the National Labor Relations Board’s ongoing efforts to block employer-mandated arbitration clauses in labor contracts (for earlier updates, see Mandatory Arbitration Agreements Are Dead! Long Live Mandatory Arbitration Agreements!). The… Read more »

Follow This: Our Latest Business News Feeds on Twitter

We’ve been busy building our latest round of subject-specific business feeds on Twitter. Each of the accounts below features the latest commentary, analysis, and news from leading lawyers and law firms on a given topic – obvious by the title. And, thanks to Twitter’s new embed feature, you can click to FOLLOW any subject that… Read more »

Most Popular Small Business Posts – June 2012

The impact of Obamacare on smaller businesses, cloud computing legal issues, wage and hour lawsuits, and social media law are but a few of the subjects you’re reading about. For your reference, the most-read Small Business Support posts during the month of June, 2012: 1. Bring Your Own (Tech) Device to Work? That Could Be… Read more »

NLRB Publishes Web Page to Define “Protected Concerted Activity”

Less than a month after releasing a third report on social media activity in the workplace, the National Labor Relations Board published a new website to help workers understand, through specific examples, employee rights to engage in protected concerted activity. (Jump to the page here.) For employers, three takeaways: 1. Union and non-union employers alike… Read more »

Most Popular Small Business Posts – May 2012

What’s on your mind? Employee handbooks, business insurance, medical marijuana, and IP protection, among other things. For your convenience, here’s a look at the most-read Small Business Support posts in May 2012: 1. Think That Email Isn’t a Contract? Think Again “You’ve got mail! And, as two recent court decisions indicate, you might also have… Read more »

NLRB Issues Latest Round of Social Media Advice

(And this time, it doesn’t look good for employers.) On May 30, 2012, Lafe Solomon, Acting General Counsel of the National Labor Relations Board, issued his third report on social media in the workplace. The memorandum focuses exclusively on employer social media policies, analyzing seven such policies in detail for potential NLRB rule violations. Contributor… Read more »

Mandatory Arbitration Agreements Are Dead! Long Live Mandatory Arbitration Agreements!

The National Labor Relations Board continues to target mandatory arbitration agreements in employment contracts. From law firm Barger & Wolen: “… the National Labor Relations Board has filed a formal complaint against 24 Hour Fitness, alleging the gym company’s arbitration opt-out policy compels employees to waive their rights to utilize the civil litigation system, and… Read more »

Most Popular Small Business Posts – Apr 2012

What’s on your mind? The California Supreme Court ruling on Brinker, social media in the workplace, the National Labor Relations Board poster rule, plus a range of other small business-related legal topics. For your (re)reading pleasure, here’s a look at the most-read Small Business Support posts over the past month: 1. Brinker Ruling: 5 Lunchtime… Read more »

Union Elections: 5 Employer Takeaways from the NLRB’s New Rules

The National Labor Relations Board’s new rules for union elections (effective on April 30, 2012) have generated considerable criticism because they significantly shorten the amount of time employers have to respond to a petition for representation. The regulations have been challenged in court, with a decision expected by May 15. Until then, five takeaways for… Read more »

It’s Official – Federal Court Says the NLRB Poster Stays Down

[Link: NLRB Posting Rule Delayed Again, Will We Ever See Resolution? – LXBN] On April 17, 2012, the US Court of Appeals for the District of Columbia issued an emergency injunction blocking the implementation of the National Labor Relations Board’s much-debated poster rule. The reason: too many issues to sort through before the planned April… Read more »