A while back, the NLRB proposed that all employers would need to put up posters detailing employee rights to form a union. If employers did not, then the employers could be subjected to an unfair labor practice charge — a serious charge. Implementation of that rule was delayed pending court challenges. This morning, the DC… Continue Reading
Category Archives: Labor Law & NRLB
Subscribe to Labor Law & NRLB RSS FeedShould Private Employers Still Worry About Unions and What Happens at the NLRB?
Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, LitigationAs I indicated a few weeks ago, one of the goals of this blog this year is to stop chasing headlines. The latest story about the NLRB demonstrates why. Late last month, the D.C. Circuit Court of Appeals (which, as you might imagine, only covers Washington D.C.) ruled that recess appointments to the NLRB were invalid,… Continue Reading
Lying to Doctors for Fitness for Duty Exam Can Still Get You Fired… But Only If You’re a Police Officer
Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, LitigationSometimes, cases that seem like a no-brainer are anything but. Just ask the Town of Stratford which finally won an appeal to the Connecticut Appellate Court. The case, Stratford v. American Federation of State, County and Municipal Employees, Council 15 (download here), will be officially released next week. The case arises from the town’s termination of a… Continue Reading
The Last Post About Social Media & Employment Law Ever. (Maybe.) (Not Really.)
Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Manager & HR Pro’s Resource Center, Social MediaYesterday, The New York Times — about a gazillion years after this blog and other employment law blogs talked about it ad nauseum — wrote their definitive piece entitled on how “federal regulators” are “ordering employers to scale back policies that limit what employees can say online.” The headline? “Even If It Enrages Your Boss,… Continue Reading
Reading the Tea Leaves for Employment Law in 2013 (Harry Potter Edition)
Posted in Featured, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Legislative Developments, Litigation, Social MediaIn this week’s Connecticut Law Tribune, I filed my annual “forecast” of employment law for 2013. As with the weather forecasts, it is subject to change on a moment’s notice. So drink your “tea” with a grain of salt. So, last year, I brought out my trusted Magic 8-Ball to make my 2012 predictions. Looking… Continue Reading
Federal Judge Orders Reinstatement of Workers and New Bargaining with Union
Posted in Labor Law & NRLBThe headlines this week have already written the obituaries for unions, at least in Michigan, where the state passed a new “right to work” law. But here in Connecticut, unions may be weakened, but, when bolstered by the NLRB, they can still put a fight. A new federal court case in Connecticut this week handed… Continue Reading
NLRB Region 34 (Connecticut) Now a Subregion of Boston Region 1
Posted in Labor Law & NRLBAs I discussed on the blog earlier this year (and noted on my Twitter feed last week), the NLRB has gone ahead with its plan to consolidate Connecticut’s Region 34 Office with its Boston Region 1 office, effective today. Jonathan Kreisberg, who has served as Regional Director for Region 34 will now take over as… Continue Reading
They’re Alive! At-Will Disclaimers Are Alive! (Sort Of. Maybe.)
Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLBRemember earlier this year when the NLRB was hinting that certain at-will disclaimers (you know, the type of language in offer letters that says that the employee is at-will and can be fired for any reason or no reason at all) might be illegal under a new reading of applicable labor law? The issue for… Continue Reading
Four Potential Employment Law Impacts of Obama’s Next Four Years
Posted in Featured, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation, Wage & HourPresident Obama was re-elected to a second term last night (something forecasted by stats guru Nate Silver). What does it mean for employers? I won’t go quite as far as fellow blogger Jon Hyman, who said this morning that “it just doesn’t matter” who won last night. I think it matters in part. But the impact… Continue Reading
A Look Back at Obama’s (First?) Four Years and Employment Law
Posted in Discrimination & Harassment, Labor Law & NRLB, Laws and Regulations, Legislative Developments, Wage & HourFinally, today is Election Day. And while the pundits tonight will all look forward to what the next four years might bring, it’s worth taking a quick peek back at Obama’s (first?) four years with a review of some of the posts from 2008-9. Before his term, there were predictions that he would be good… Continue Reading
Secrets of the ABA Labor and Employment Law Annual Conference
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation, Manager & HR Pro’s Resource Center, Social Media, Wage & HourThe American Bar Association’s Labor & Employment Law Annual Conference is going on right now in Atlanta, Georgia. As I’ve recapped on this blog before (here, for example), there are some terrific programs and educational opportunities there. I wasn’t able to make it down this year, but due to the wonders of technology, I’ve been… Continue Reading
Sandy Spooks Employers but Will Employers Scare Employees Into Voting?
Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and RegulationsEveryone ok out there? What a wild couple of days we’ve had in Connecticut and, for those still without power, it’s not over yet. Much like Irene and the October snowstorm before it, Sandy has left her mark. But it’s time to get back to business today. We’re less than a week away from the… Continue Reading
NLRB Keeps Doing What It Always Does. Why Is Anyone Surprised?
Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Manager & HR Pro’s Resource Center, Social MediaI’ll admit something that might seem a little unusual and ironic: I’ve grown a bit tired about writing about the NLRB and social media. Perhaps, it’s because I’ve seen too many law firms and lawyers issuing newsletters, blog posts, and alerts each time the NLRB says something, anything, about social media. Because people on social media… Continue Reading
Election 2012: What Debate Questions Would You Ask Rep. Paul Ryan
Posted in Labor Law & NRLB, Laws and Regulations, Legislative DevelopmentsAs we continue our series this week of highlighting employment law issues for the candidates, next up is Rep. Paul Ryan. (For previous posts and groundrules, see here, here, and here.) Your record on the Employment Non-discrimination Act is, to be blunt, muddy at best. You appear to have once voted for passage of the Act,… Continue Reading
Election 2012: What Debate Question Would You Ask Vice President Biden?
Posted in Labor Law & NRLB, Laws and Regulations, Legislative DevelopmentsNext up in this week’s series of employment law-related debate questions for the candidates: Vice President Joe Biden. One of the big ideas of the administration early on was the Employee Free Choice Act. It’s an act that you publicly showed strong support for. The bill never passed and some of the ideas regarding “card check”… Continue Reading
Election 2012: What Debate Questions Would You Ask Mitt Romney?
Posted in Highlight, Labor Law & NRLB, Legislative DevelopmentsAll this week, this blog (and other employment law blogs — here, here, here and here) are posting employment law-related questions for the major-party candidates for President and Vice President. Today’s turn: Mitt Romney. (For a recap of this process — and a reminder that these questions should not be interpreted as being “for” or “against”… Continue Reading
Election 2012: Debate Questions for President Obama
Posted in Highlight, Labor Law & NRLB, Laws and Regulations, Legislative DevelopmentsWith the Presidential election just six weeks away, we have yet to see any of the major party candidates tackle employment law issues in detail. That, of course, is not surprising. But as we head towards the debates, I talked with several other employment lawyers who run blogs and we thought we could bring some… Continue Reading
Head of Teachers’ Union Nominated as Next Department of Labor Commssioner
Posted in Labor Law & NRLB, Laws and Regulations, Legislative Developments, Wage & HourYesterday, Governor Dannel Malloy nominated Sharon Palmer, who has led the state’s chapter of the American Federation of Teachers, to be the next commssioner of the Connecticut Department of Labor. Numerous press outlets have summaries this morning including CT Mirror, CT News Junkie and The Hartford Courant. You can read the Governor’s press release here…. Continue Reading
What’s New at the EEOC and NLRB? Your “Confidential” Investigation Is At Risk
Posted in CHRO & EEOC, Discrimination & Harassment, Labor Law & NRLB, Wage & HourTwo stories over the last few weeks have been percolating that may be of interest to employers in Connecticut. You may not see the impact immediately, but the implications are certainly there. First, the EEOC is now looking to conduct more direct investigations — that is, investigations that are initiated without any claim by an… Continue Reading
Highlights from CBA’s Informational Breakfast on NLRB’s Consolidation Proposal
Posted in Labor Law & NRLBLast week the Connecticut Bar Association’s Labor & Employment Law Committee held an informational breakfast with the NLRB to discuss the NLRB’s proposal to make Hartford (Region 34), a subregion of the Boston office (Region 1). Nick Zaino, the CBA Committee chair, forwarded these highlights as to why the consolidation is very likely going to… Continue Reading
BREAKING: NLRB Proposes Consolidation; Hartford Region Would Become Subregion
Posted in Labor Law & NRLBIt has long been rumored, but the NLRB announced this week a proposal that would consolidate Hartford’s NLRB Office — known as Region 34 — into the Boston (Region 1) office. The Hartford office would still exist, but as a subregion, rather than a standalone office. From the NLRB Press Release: National Labor Relations Board Acting General… Continue Reading
OMG! DUST NLRB Using Tech 2 Reach PPL re: PCA? UNTCO
Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and RegulationsLast week, employment blogs and news outlets were all abuzz about a new page by the National Labor Relations Board on its website about “protected concerted activities”. I’ve been trying to figure out whether or what to write about on it. (If you’re concerned about the new webpage, then first go to the Delaware Employment Law… Continue Reading
Guest Post: NLRB Acting General Counsel Addresses At-Will Disclaimers and More at CBA Annual Meeting
Posted in Class Actions, Highlight, Labor Law & NRLB, Social MediaOn Monday, the Connecticut Bar Association held its annual meeting. Lots of labor and employment law topics were covered, some of which I missed. I’ve asked one of my bar colleagues, Rita Trivedi — who will be a Teaching Program Fellow at Columbia Law School in the fall — to share her insights on the… Continue Reading
After NLRB’s Memo, Drafting Employment Policies Got Trickier
Posted in Featured, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations, Manager & HR Pro’s Resource Center, Social MediaI’ve had a little more time to digest the latest memo from the NLRB opining on what is and what isn’t appropriate for employers to have in their policies. And I’ve come to a very serious conclusion: It’s an utter mess. (Fellow employment lawyers use the phrases “bungled mess” (Jon Hyman), “not good” (Molly DiBianca),… 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 +
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