Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: nlra

Don’t Look Now But Something Unusual Happened at the NLRB

Posted in Labor Law & NRLB

Today’s post comes courtesy of my colleague Jarad Lucan who weaves baseball and labor law into a single post.  Well, baseball, labor law and Wal-mart.  And he reminds us that the National Labor Relations Board still has the ability to surprise…. Read on. With spring training just around the corner, I’m reminded of one of… Continue Reading

Mama Don’t Take My Kodachrome Away; NLRB Agrees

Posted in Highlight, Labor Law & NRLB, Social Media

Kodachrome You give us those nice bright colors You give us the greens of summers Makes you think all the world’s a sunny day, oh yeah! I got a Nikon camera I love to take a photograph So Mama, don’t take my Kodachrome away – Paul Simon, “Kodachrome” A few months back, I was one… Continue Reading

Breaking: No NLRB Union Posters, Says Appeals Court

Posted in Human Resources (HR) Compliance, Labor Law & NRLB

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

Should Private Employers Still Worry About Unions and What Happens at the NLRB?

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation

As 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

Federal Judge Orders Reinstatement of Workers and New Bargaining with Union

Posted in Labor Law & NRLB

The 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

They’re Alive! At-Will Disclaimers Are Alive! (Sort Of. Maybe.)

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB

Remember 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

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 & Hour

Finally, 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

Sandy Spooks Employers but Will Employers Scare Employees Into Voting?

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations

Everyone 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

Five Things To Know About Paid Sick Leave, NLRB and Other New Developments

Posted in Highlight, Laws and Regulations, Legislative Developments, Social Media, Wage & Hour

At yesterday’s labor & employment law seminar, we had both Heidi Lane, a Prinicipal Attorney with the Connecticut Department of Labor, and Jonathan Kreisberg, Regional Director of the NLRB’s Hartford Office, speak to attendees about the latest developments under both Connecticut and federal law. But for those who couldn’t make it, here are five notable things they discussed: 1)… 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 Media

I’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

What’s New at the EEOC and NLRB? Your “Confidential” Investigation Is At Risk

Posted in CHRO & EEOC, Discrimination & Harassment, Labor Law & NRLB, Wage & Hour

Two 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 & NRLB

Last 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

OMG! DUST NLRB Using Tech 2 Reach PPL re: PCA? UNTCO

Posted in Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Laws and Regulations

Last 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

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 Media

I’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

The Fallout from the Latest NLRB Salvo on Social Media

Posted in Highlight, Labor Law & NRLB, Social Media

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

Class Action Waiver For Employment? Not So Fast, Says the NLRB

Posted in Class Actions, Labor Law & NRLB

Last 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

NLRB Announces Final Rule to Expedite Elections

Posted in Labor Law & NRLB

Earlier 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

What Would The NLRB Think of Apple’s Social Media Policy?

Posted in Labor Law & NRLB, Social Media

This 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

The NLRB’s Obsession with Social Media Continues

Posted in Labor Law & NRLB, Social Media

A 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

NLRB Administrative Law Judge: Facebook Firings Illegal

Posted in Labor Law & NRLB, Social Media

For 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 Regulations

As 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

Chamber of Commerce Releases Report on NLRB & Social Media

Posted in Labor Law & NRLB, Social Media

Last 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 Media

Last 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 Regulations

This 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