NLRB Rules Employers Must Gross Up Backp...

  By: Jennings, Strouss & Salmon, P.L.C. The National Labor Relations Board (NLRB) has dealt another blow to employers who lose a labor dispute under the National Labor Relations Act (NLRA).  In a recent decision, Latino Express, Inc. v. International Brotherhood of Teamsters, Local 777, 359 NLRB No. 44 (2012), the NLRB ruled that employers will be required to compensate...

Time to Review Your Social Media Policy

By John Egbert Employers that have a Social Media policy should pull it out and review it in light of a recently-issued memorandum by the NLRB’s Acting General Counsel.  The memorandum identifies several examples of provisions which are common in many employers’ social media policies, and which (at least according to the NLRB) may violate federal law.  The memorandum can be found...

Employers Should Carefully Craft Social ...

By Keith Overholt The National Labor Relations Act protects employees’ rights to engage in protected concerted activity.  Broadly, this means employees have the right to discuss the terms and conditions of their employment including wages, fringe benefits and working conditions.  An employee has this right regardless of whether there is a union in the work place. In an effort to be...

“Quickie Election Rule” that was E...

By Keith Overholt On May 14, 2012, the United States District Court for the District of Columbia ruled the NLRB’s “quickie election rule” that was effective April 30, 2012 is invalid because the Board did not have a quorum at the time the rule was adopted.  The first sentence of the opinion is, “According to Woody Allen, eighty percent of life is just showing up.”  The court...

Conflicting District Court Decisions Reg...

By Keith Overholt On Friday, April 13, 2012, the United States District Court for the District of South Carolina, Charleston Division, issued an order holding the National Labor Relations Board (NLRB) may not require employers to post a notice advising employees of their rights under the National Labor Relations Act. This ruling conflicts with last month’s ruling by the United States...

National Labor Relations Board Mandates ...

Although litigation continues to determine whether the National Labor Relations Board may require virtually all employers to post a notice of certain rights afforded under the National Labor Relations Act regardless of whether its employees are organized, April 30, 2012 is the date on which employers must comply.  As of April 30, all employers must post the notice in a conspicuous...