Last year, I mentioned that I was growing a bit tired about writing about social media in the workplace. It’s not that the topic isn’t interesting; it’s just that there isn’t that much new to discuss. For those of us who have been writing about it for years, we’ve seen much of this for a… Continue Reading
Category Archives: Labor Law & NRLB
Subscribe to Labor Law & NRLB RSS FeedAn Overview of “Right to Work”
Posted in Labor Law & NRLBAnyone who has read this blog for a while knows that I am a big fan of the Office of Legislative Research, a little-known office at the Connecticut General Assembly. They produce reports, backgrounders and items like that for legislators and release them to the public. As a result, you can get some free research… Continue Reading
Quick Hits: Ban On Cell Phones; NLRB & Social Media; Nursing Mothers; Retaliation, LinkedIn
Posted in Labor Law & NRLB, Laws and Regulations, Litigation, Social Media, Wage & HourAs another week passes by (seriously, where did January go already?), here are a few odds and ends that are worth a mention: Earlier this month, new rules regarding limits on the use of mobile phones went into effet by the Federal Motor Carrier Safety Administration. The rule covers ”both, drivers of CMVs in interstate commerce,… Continue Reading
Class Action Waiver For Employment? Not So Fast, Says the NLRB
Posted in Class Actions, Labor Law & NRLBLast year, I talked a lot about a U.S. Supreme Court case that seemed to open the door for employers to use mandatory arbitration agreements that precluded employees from using class actions to sue their employers. But I noted at the time that this was a quickly shifting landscape. A few days ago, the NLRB… Continue Reading
Why Obama’s Recess Appointments to NLRB May Still Be “Good” For Employers
Posted in Labor Law & NRLBThe NLRB confirmation process is broken and has been for years. When President Bush was in office, the Democrats effectively blocked the selections to the Board. As a result, President Bush had to use recess appointments to fill the vacancies. Back in 2010, when faced with opposition from the Republicans, President Obama did the same… Continue Reading
Predicting the Future in Employment Law, At Least for 2012
Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Legislative Developments, Social Media, Wage & HourA few weeks ago, I sat down and crafted an article for the Connecticut Law Tribune that laid out my predictions for 2012. That article was finally published this week here. Among the topics I tackle are new U.S. Supreme Court and Connecticut Supreme Court decisions, possible new legislative developments, and whether the trend of… Continue Reading
BREAKING: NLRB Postpones Effective Date of Rights Poster to April 30, 2012
Posted in Human Resources (HR) Compliance, Labor Law & NRLBThe NLRB today announced that it is postponing the effective date of the notice for all employers to post. Employers were previously told that January 31, 2012 was the date. The new date, however, will be April 30, 2012. According to a press release from the NLRB: The National Labor Relations Board has agreed to… Continue Reading
NLRB Announces Final Rule to Expedite Elections
Posted in Labor Law & NRLBEarlier this month, I posted about new labor law posters that employers need to use, perhaps as early as late January 2012. Now on Wednesday comes news that the NLRB has adopted a final rule amending its election case procedures. Labor Relations Today reports that this will “shorten the time between the filing of a… Continue Reading
And Yet Another Requirement for Employers: New Labor Law Posters on January 31, 2012
Posted in Human Resources (HR) Compliance, Labor Law & NRLBThe Hartford Office of the National Labor Relations Board has a message for employers: There are new posting requirements coming and nearly all employers — not just those who are unionized — need to be aware of them. Why? Because they are effective in just six weeks: January 31, 2012. Here are some highlights for… Continue Reading
What Would The NLRB Think of Apple’s Social Media Policy?
Posted in Labor Law & NRLB, Social MediaThis morning, I had the opportunity to talk with members of the Greater Valley Chamber of Commerce about social media and the law. My thanks to that organization for the invitation. We talked for a while about the National Labor Relations Board’s stance on broad social media policies — something which I’ve discussed many times… Continue Reading
Three Takeaways from Labor & Employment Seminar
Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Wage & HourWe had another great turnout last week for my firm’s seminar on labor & employment law. Many of the topics would be familiar to avid blog readers, but there were three interesting points that I haven’t talked much about that I thought were also notable. 1. In September, the IRS announced a Voluntary Classification Settlement… Continue Reading
The NLRB’s Obsession with Social Media Continues
Posted in Labor Law & NRLB, Social MediaA confession. I’m a little tired about writing about social media and labor law. Perhaps you are a little tired about reading about it too. Unfortunately for us both, expect a lot more about it over the next years because the National Labor Relations Board has social media in its sights and its not letting… Continue Reading
Breakfast with the NLRB Region 34 Director – What’s New?
Posted in Labor Law & NRLBLast year, I published a series of posts about the Connecticut Bar Association’s breakfast with NLRB Region 34 Director Jonathan Kreisberg. Kreisberg repeated that breakfast earlier this week. Although I was unable to personally attend, breakfast organizer Nicole Bernabo was kind enough to recap the event and agreed to share her recollections for the blog…. Continue Reading
An Employer Bill of Rights? Well, Not Exactly, But….
Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Laws and RegulationsI was hoping that fellow blogger, Jon Hyman (of Ohio Employer’s Law Blog fame), and I would get to make another World Series bet. Unfortunately, his team (the Phillies) and mine (the Yankees) are both watching the World Series from some tropical poolside bar. But it gives me an excuse to cite to a recent… Continue Reading
NLRB Postpones Mandatory Posters for Employers Until January 2012
Posted in Labor Law & NRLBThe National Labor Relations Board today announced that it has postponed the start date for its new notice-posting rule until January 31, 2012. (I previously covered the new rule in a prior post here.) In a press release, it indicated that it did so to allow for “enhanced education and outreach to employers, particularly those… Continue Reading
ABA Objects to Proposed “Persuader” Rule Changes by Department of Labor
Posted in Labor Law & NRLBThe American Bar Association submitted a letter today to the U.S. Department of Labor to express its “serious concerns” over a proposed rule that would “substantially narrow” the longstanding interpretation of what lawyer activities constitute “advice” to employer clients. Currently, most work from attorneys is exempt from the substantial reporting requirements in federal law that… Continue Reading
Get Your New NLRB Posting From…The NLRB
Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Laws and RegulationsEarlier this month, I told you that effective November 14th, the NLRB is requiring yet another posting for your workplace. The posting will, in some ways, look familiar to employers that have had unions; similar postings may go up around elections or other union-related issues. But this new poster is different in some ways because… Continue Reading
NLRB Administrative Law Judge: Facebook Firings Illegal
Posted in Labor Law & NRLB, Social MediaFor a while now, there’s been a lot of chatter about the NLRB’s take on social media and whether employees’ use of Facebook could be “protected concerted activity”. I’ve done many recaps including here and here. Now, for the first time, an administrative law judge (in Hispanics United of Buffalo) has found that employees’ comments… Continue Reading
NLRB Shifts Workplace Landscape, As Expected; New Posters Required Soon
Posted in Labor Law & NRLB, Laws and RegulationsAs I mentioned last week (when in Connecticut, we were focused on Irene), the NLRB has been busy in August issuing new rules and new rulings. Some people are expressing surprise at the shift seen in these rules and disgust that prior NLRB rules are effectively being overturned. But none of this should be surprising… Continue Reading
Quick Hits: Dog Days of Summer Edition with NLRB, OFCCP, EEOC, SEBAC, FMLA
Posted in CHRO & EEOC, Discrimination & Harassment, Labor Law & NRLB, Laws and RegulationsThe noise in the employment law arena has been loud lately. Kind of like that annoying Gary Glitter song that often gets played at sports games. But the noise is hiding the fact that, in my view, the news in the employment law is relatively minor. There are no significant legislative or regulatory developments to… Continue Reading
Chamber of Commerce Releases Report on NLRB & Social Media
Posted in Labor Law & NRLB, Social MediaLast week, while I was out on vacation, the U.S. Chamber of Commerce released an interesting report analyzing all of the NLRB’s actions in cases involving social media. You can read the report here. The report confirms something that I’ve commented on before — that many of the cases are (or were handled) at the… Continue Reading
NLRB: Not All Employee Facebook Posts Deserve Protection After All
Posted in Highlight, Labor Law & NRLB, Social MediaLast fall, the NLRB made headlines when it brought a complaint against a Connecticut employer for disciplining an employee for her Facebook posts. Back then, some commentators wondered what the limits were going to be. But over the last few weeks, quietly, we’ve been getting some of the answers. Just not in the format you’re… Continue Reading
More About the NLRB’s Proposed Rules on So-Called “Quickie Elections”
Posted in Labor Law & NRLB, Laws and RegulationsThis morning, I appeared on Ray Dunaway’s show on WTIC radio (1080 AM) to discuss the NLRB’s new proposed rules on union representation elections. (A link will be available when it is posted online.) Of course, in 5 minutes, there wasn’t much time to explain everything about it (here’s a summary of the proposals from… Continue Reading
Quick Hits: Employee Leave Under ADA, Law Review Articles, CBA Annual Meeting, Nonprofits, Boeing & NLRB
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Labor Law & NRLB, Social MediaAs we wrap up a week with, go figure, more rain, we’re starting to get deep into the important part of the year: The Yankees-Red Sox rivalry. In the meantime, here are a few odds and ends you might have missed or you might be interested in surrounding the world of employment law: Giving employee’s… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
Follow Me on Twitter
Join the Discussion on Facebook
Subscribe to this blog via RSS
View My Linkedin Profile