Those who have followed the National Labor Relations Board (“NLRB”) over the past few years may be aware that there was a period of time when the majority of the 5-member Board consisted of “recess appointments” by President Obama. In other words, because Washington gridlock resulted in the President being unable to obtain Senate approval […]
Court Ruling Raises More Questions About NLRB’s Recent Social Media Decisions
I have discussed the National Labor Relations Board’s recent social media decisions here and here. To summarize, in the past year or so the NLRB has made it very clear that, in its view, all employees (union or not) have a right to discuss the terms and conditions of their employment on social media sites […]
National Labor Relations Board Issues First Decision Finding Company’s Social Media Policy Violates National Labor Relations Act
As I have discussed here, the National Labor Relations Board (“NLRB”) has recently turned its attention to companies’ social media policies. Under Section 7 of the National Labor Relations Act, all employers, including those that have no union, are prohibited from interfering with employees’ rights to discuss their terms and conditions of employment amongst themselves. […]
National Labor Relations Board Gives Murky Guidance on Social Media Policies
The National Labor Relations Board (“NLRB”) is often erroneously regarded as an agency that has no role except with respect to unionized workplaces. Employers and employees alike need to understand that the NLRB’s mandate is much broader, extending to protections of even non-union workers when they are discussing the terms and conditions of their employment. […]
New EEOC Rules Address When an Employer Can Rely on a Criminal Background Check in Making a Hiring Decision
The Equal Employment Opportunity Commission (“EEOC”) has finally issued long-awaited guidelines for employers who wish to use the results of a criminal background check to make hiring decisions. The guidelines are lengthy and convoluted, but some themes are clear. Before discussing the themes in the guidelines, it is important to understand why the EEOC cares […]
NLRB Suspends Posting Requirement Indefinitely
The National Labor Relations Board previously implemented a requirement that all employers – including non-union shops – must post a document advising employees of certain rights no later than April 30, 2012. As a result of challenges to the posting requirement that are pending in the District of Columbia Circuit Court of Appeals as well […]
