This category contains 25 posts

NLRB Takes Aim At Employment-At-Will Clauses In Employee Handbooks

As discussed in previous postings on this site, the National Labor Relations Board (NLRB) is devoting a significant amount of attention to “concerted activity” under Section 7 of the NLRA, and is aggressively working to expand the “concerted activity” definition.  According to two recent NLRB decisions, requiring an employee to sign an “at-will” acknowledgement form … Continue reading »

The NLRB Releases Website Vowing To Fight For Employees’ Rights

Over the past few months, the National Labor Relations Board (NLRB) has been hard at work interpreting the National Labor Relations Act (NLRA) commenting on everything from social media policies to arbitration agreements.  Recently, the NLRB undertook a major educational effort to educate employees about their rights under the NLRA and vowing to fight for … Continue reading »

NLRB Union Election Rule Held Invalid

A federal judge recently ruled that the National Labor Relations Board (“NLRB” or “the Board”) rule designed to expedite union elections is invalid since the rule was not approved by a quorum of the Board. In late December, the NLRB published a new rule that changed the procedures for private sector union elections by, among … Continue reading »

NLRB Union Poster Rule Struck Down in U.S. District Court

 Judge David Norton of the U.S. District Court of South Carolina ruled that the National Labor Relations Board (NLRB) exceeded its congressional authority when it issued a rule that required employers to post notices that detail workers’ right to unionize, and penalized non-compliant employers. The NLRB rule requires employers to post an 11×17 inch notice … Continue reading »

NLRB Decides That Social Media Rule at G4S is “Too Restrictive”

In the era of social media, the boundaries between public and private information seem less clear.  Corporate giants like Google save and track the most personal information in the name of profitability.  Meanwhile, individual users share more and more information with the general public—including everything from the inane to the profane. With so much information … Continue reading »

Stop & Shop Anti-Social Media Rules Hurts Unions

Where the law protects workers’ rights to organize, rules written in vague language create confusion and do not allow the law to carry out its purpose. This phenomenon can be observed in the introduction of social media to labor and employment contexts. A key element in worker organization is communication and social media provides yet … Continue reading »

Judge Rules Private Sector Employers Must Post Notice of Union Rights

The Department of Labor and federal regulations require that posters and notices be placed in the workplace keeping employees aware of their applicable minimum wage laws and other rights to working time and workplace safety, among other protections.   Last week, federal district court judge Amy Berman Jackson ruled that the National Labor Relations Board (NLRB) … Continue reading »

Connecticut Nursing Home Chain Suffers Yet Another Labor Complaint, Employees Locked Out

The Hartford Regional Office of the National Labor Relations Board (NLRB) issued a complaint on February 29, 2012 against a nursing home chain with homes in six Connecticut cities.  This is the fourth complaint the NLRB has issued against the chain in the last two years. The most recent complaint alleges that the nursing home … Continue reading »

NLRB Comments on Social Media Communications as Protected Activity or Not

On January 25, 2012, National Labor Relations Board (NLRB) Acting General Counsel Lafe Solomon issued its second report on social media.  As the pace of technology continues to accelerate, judicial bodies continue to encounter new factual situations that have begun to shape the law concerning social media.  The report was issued in the form of … Continue reading »

NLRB Chairman Proposes rules to Increase Fairness, Efficiency in Union Elections

Mark Pearce, Chairman of the National Labor Relations Board (NLRB) seeks to propose new rules to help unions organize members or potential members. In December, the NLRB approved other new regulations that allow union elections to proceed faster than the law previously mandated.  Though business leaders oppose the new rules, they will take effect on … Continue reading »


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