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NLRB Rules that Employees May Use Compan...

By Keith F. Overholt A new name has entered the lexicon of American labor law:  Purple Communications.  It will turn employers several shades of red when they learn that, on December 10, 2014, the National Labor Relations Board (NLRB) held that if an employer makes its e-mail available to its employees for use in connection with their job, the employer must permit employees to use the...

Senate Confirms Obama’s 5 NLRB Nom...

Tuesday, July 30 marked the first time in more than a decade that all 5 member positions have been filled on the National Labor Relations Board (NLRB). The senate took a vote Tuesday morning to appoint several nominees. As part of a bi-partisan agreement reached this month, two new candidates Kent Hirozawa and Nancy Schiffer were appointed to replace the two candidates President Obama...

D.C. Court of Appeals Strikes NLRB “Post...

By Keith F. Overholt The U.S. Court of Appeals for the District of Columbia Circuit ruled that the National Labor Relations Board (NLRB) exceeded its statutory authority when it promulgated a rule requiring businesses to display a poster informing employees of their right to form or join a union. The rule would have required more than 6 million employers, mostly small businesses, to...

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...

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