Section 7 of the National Labor Relations Act protects the rights of employees to discuss wages and other benefits with each other and nonemployees. By maintaining a rule that restricts employee freedom in this regard, an employer violates Section 8(a)(1) of the Act.
How does this play out in the real world? Find out after the jump…
Two quick updates for you today; one labor, one employment.
Word has trickled in that the U.S. District Court for the District of Columbia held a conference call with lawyers from the National Labor Relations Board, the U.S. Chamber of Commerce, and the Coalition for a Democratic Workplace, and informed them that the Court would rule by May 15 on a pending challenge to the NLRB “quickie” election rule changes. You can view those rule changes in this post I did last week.
And in case you missed yesterday’s post on new federal legislation that would bar employer demands for online passwords, be sure to check it out. Late in the day, I scored a copy of the bill, known as Social Networking Online Protection Act (SNOPA), and added a link. We know now that employers that violate the law will be subject to civil fines of up to $10K. The Secretary of Labor may also seek injunctive relief. However, the federal law does not mention a private cause of action for individuals.
“Blueprint”? Word. But, do you know how tough it is to find a blog-appropriate Jay-Z hit? Hmmm…let’s try this one.
On Tuesday, the National Labor Relations Board’s “quickie” election rules survived a Senate challenge. Next week, April 30 to be exact, they go into effect. Hey! Isn’t that when the poster rules go into effect, too? Psyche!
In anticipation of April 30, employers will want to familiarize themselves with this memo from NLRB Acting General Counsel Lafe Solomon — we are presenting at the same event today — discussing the new representation case procedures. The guidance covers the entire representation case process from beginning to end, incorporating to the extent necessary the new rules and the procedures that remain unchanged.
Last week was not so good for the National Labor Relations Board. The DC Circuit iced a Board rule that would have required most private-sector employers to post a notice in the workplace informing employees of their right to form a union.
Yesterday, however, the pendulum swung the other way and employers may soon be feeling the heat as we are now that much closer to expedited union elections.
Feel the heat? Iced a Board rule? Am I firing up a cool tune from Foreigner or Katy Perry after the jump? Guilty as charged. Plus, click through for details on how faster union elections may soon be coming to your workplace, and possibly another unwelcome surprise (hint: four letters, sounds like EFCA)…
Remember my post from Monday? The one where I told you that two federal courts were at loggerheads over whether the NLRB could force private employers to post this notice in the workplace.
Well, about that. Eyes on me.
Two other men in black (and one woman in black) have officially changed the game. Dramatically. Click through for the details…
I’ve beaten it to death on this blog.
The National Labor Relations Board created a rule that will require most private-sector employers to post this notice, in a conspicuous location, informing employees of their rights under the National Labor Relations Act, which includes the right to form a union.
Here’s the latest…
Last week, Jon Hyman at the Ohio Employer Law Blog was on point with this good post discussing a recent National Labor Relations Board Administrative Law Judge decision. The case involved what the NLRB General Counsel believed was an overly-broad social media policy in two regards:
- It banned employees from using social media to comment on work-related legal matters; and
- It required company-permission be given before employees post images/video online.
Make sure to read Jon’s post for the full-scoop. I promise not to give away the ending (until later in this post, when I give away the ending). But, after the jump, I’m going to examine another aspect of the case; namely, a confidentiality provision that the ALJ deemed overly broad. I’ll also add a few ideas for you to keep your confidentiality provisions compliant with the National Labor Relations Act.
On Employment Legislation:
Just when you thought you had the employment law landscape figured out, along comes pending legislation that could change everything. From age discrimination claims to workplace flexibility to unionization and labor organizing, new bills in the House and Senate may change the way you run your business. Here I am discussing all that jazz with Stephanie Thomas at the Proactive Employer.
On Social Media:
Yawn…
The Acting General Counsel of the National Labor Relations Board recently released a 10-page summary of operations for FY 2011. But, you can find a short summary here.
Below are summaries of four pieces of legislation of which employers should take note:
- Protecting Older Workers Against Discrimination Act. Senator Tom Harkin (IA-D) introduced this bill last week. It would overturn the U.S. Supreme Court’s decision in Gross v. FBL Financial Services, Inc. and lower the burden of proof for employees to prove age discrimination claims.
- National Right to Work Act. Senator Jim DeMint (SC-R) has introduced this bill to “preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities.”
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