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Articles Posted in Unions (labor relations)

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The Sixth Circuit says that class-action waivers violate federal labor law. Meh.

Hey, no disrespect to the Sixth Circuit Court of Appeals, and all… They decided last week in NLRB v. Alternative Entertainment (opinion here) that, under the National Labor Relations Act, an employer cannot force employees to agree to mandatory arbitration and bar collective or class action lawsuits. The former is ok, the latter…

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NLRB: Many of your employee handbook policies are probably unlawful.

As is often the case when a Republican sits in the Oval Office, the National Labor Relations Board tilts employer-friendly. Indeed, once President Trump’s two nominees fill two vacancies on the Board, Republicans will hold a Board majority for the first time in 9 years. Until then, I picture the…

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2d Cir: Employee can curse out his boss and his boss’s family on Facebook and keep his job.

What the f*&k?!? I blogged about this case about two years ago (here), when it was pending before the National Labor Relations Board. In involves an employee who, on his work break, took out his iPhone, went on his personal Facebook page. Once on FB, the employee spewed about his boss, calling…

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Now, you too can successfully* navigate through an NLRB action

Successfully? Well, I can’t guarantee success, now can I? Especially if you’re an employer, amirite? But, this new Guide to Board Procedures from the National Labor Relations Board will help your attorney better understand Board procedures and processes. Sounds awesome! And, for the rest of you, it’ll help cure your insomnia.…

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My 2 cents on President-Elect Trump’s impact on HR-compliance in 2017. (Literally, worth 2 cents)

I’ll open this post with a haiku. Because, I feel like we could all use a haiku. President-Elect For HR, what will he do? Not a stinkin’ clue! …and any employment-law wonk who tells you otherwise, well, we saw how the pundits fared predicting the outcome of the presidential election.…

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Could firing one who doesn’t seem “happy and smiling and positive” violate labor law?

A man has filed this Charge with the National Labor Relations Board, claiming that his former employer violated the National Labor Relations Act when it fired him, allegedly, because the company didn’t think he was “happy and smiling and positive.” What’s this all about, Eric? Shout out to Melissa Daniels at…

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A Texas judge has enjoined practically all of the DOL “blacklisting” rules

Last night, while you we sleeping in your comfy beds — me, on a pile of money, blogging power and, yes, ego — a Texas federal judge entered an injunction against the final “blacklisting” rules and guidance of the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory Council. What were…

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I’m training the U.S. Army South on social media at work, and other news…

Yep, if you need me this morning, I’ll be at Fort Sam Houston, giving my spiel to U.S. Army South and some folks from Guantanamo Bay on social media and the workplace. How cool is that! (In a dorky lawyer kinda way). While that’s going down, let me catch you…

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What your business can do NOW to prepare for the DOL ‘Blacklisting’ rules and guidance.

In 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order. Folks like me on the management-side refer to this Order as the Blacklisting rules. In general terms (I’ll get a little more specific below), the Blacklisting rules require prospective federal contractors and subcontractors to disclose anything that may appear on…