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

Tag Archives: nlrb

NLRB and the “Purple” Crayon: NLRB Rewrites Its Decision on Employer E-mail

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

The NLRB, right now, is union-friendly. We know it. Employers know it. Politicians know it. The unions know it. It’s stacked 3-2 with Democrat appointees so the NLRB taking its training wheels off and is doing what it has always done. It has shifted its decisions based on the politics. Yesterday represented just the latest… Continue Reading

Connecticut Bar Has Trouble with the NLRB’s Curveball on Social Media

Posted in Highlight, Labor Law & NRLB, Social Media

As our big Labor Day weekend kicks off, it seems appropriate to bring back a “labor” topic, particularly when mixed with one of our favorite topics here: Social Media. Today, my colleague Jarad Lucan returns with a case straight out of Connecticut with national implications. As most readers of this blog have read before (here,… Continue Reading

Supreme Court Invalidates NLRB Recess Appointments; Dozens of Decisions Impacted

Posted in Labor Law & NRLB

The U.S. Supreme Court, in a 9-0 decision (with a heated split on the reasoning), ruled that the recess appointments to the NLRB made by President Obama during a three-day recess were invalid. You can download the decision here. Much of the early instant analysis has focused on the recess appointment power itself. But for… Continue Reading

You Be The “Judge”: Is Swearing at Work Protected by Federal Law?

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Labor Law & NRLB, Litigation, Manager & HR Pro’s Resource Center

Let’s try something a little new today: I’ll give you some facts and see if you can pick the result that a court or agency found. (Hat tip to Overlawyered for highlighting some of these issues.)  I’ll give you the lesson learned from these cases at the end. Used Car Salesman Loses Temper 1.  Nick… Continue Reading

The New “Value” Proposition: NLRB Yet Again Rules the Reasonable Unreasonable

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

I sound like a broken record, but once again, the NLRB is striking down reasonable rules as unreasonable.  My colleague, Gary Starr (as always, read his bio here), today shares a recent case from the NLRB that found that a “Values and Standards of Behavior Policy” of one employer — something that you might think is… Continue Reading

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

Remember that NLRB Notice? “Never Mind”

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

Readers of a certain vintage, will remember Gilda Radner’s character Emily Litella who often said “Never Mind”.  (If you’ve never heard of Gilda Ratner or this, then I’ll pause while you watch this classic video.)  Readers of a later vintage will think of Nirvana’s “Nevermind”. If you just want the dictionary definition, here it is. My… Continue Reading

Employment Lawyer Predicts the Future. What Happens Next Will Restore Your Faith in Humanity.

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

If you spend anytime on the Internet, you’ve come across headlines like this one. (Yes, it’s a little bait-and-switch, but you were expecting that, weren’t you?). Indeed, sites like Upworthy have become big business in the last year all due to headlines that you can’t resist. Well, that and Grumpy Cats. (For an excellent recap… Continue Reading

“D.R. Horton” Ruling by NLRB Gets Overturned; Mandatory Arbitration Agreements Are Alive (and Well?)

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

In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit (which does not include Connecticut) held on Tuesday that the NLRB erred in disallowing an employer’s mandatory arbitration agreement that waived the rights of employees to participate in class actions. The decision in D.R. Horton v. NLRB (download here from Bloomberg Law) has… Continue Reading

Locked Out: What the Shutdown Means for Connecticut Employers

Posted in CHRO & EEOC, Labor Law & NRLB, Laws and Regulations, Legislative Developments

And I’ve been locked out And I know we’re through But I can’t begin to face up to the truth….. – Crowded House, “Locked Out” (1993) So, here we are.  The (partial) government shutdown began early this morning. And suddenly, we’re locked out of national parks and many government services. But how does this impact… Continue Reading

A “Like” is a Like, Court Says, and is Protected Free Speech

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

In a closely watched case, the Fourth Circuit Court of Appeals held yesterday that a “Like” on Facebook is a form of speech that is protected under the First Amendment. In doing so, it kept alive a lawsuit brought by an employee who claims he was fired for supporting an political candidate who was running against his boss. … Continue Reading

Collective/Class Action Waivers & Arbitration Clauses: Why Employers Should Care

Posted in Highlight, Human Resources (HR) Compliance, Litigation, Wage & Hour

Continuing my series of posts this week on recent Second Circuit FLSA cases, today I’ll talk about class action waivers and arbitration clauses. If that last clause is just legalese to you, let me try to walk you through it and why employers should care deeply about it. As I’ve covered in prior posts, wage… Continue Reading

Does Your Social Media Policy Cover Photos and Videos in the Workplace?

Posted in Human Resources (HR) Compliance, Social Media

There is a certain bit of irony about recording an interview at work that appears on YouTube about, well, employees posting videos from work. But if you can look past the irony, you might learn a few things. In my interview with LXBN this week, we talked about how we got to this point with… 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

The Next Frontier for NLRB: Videos & Photos in the Workplace?

Posted in Highlight, Labor Law & NRLB, Social Media

At the Connecticut Bar Association’s Annual Meeting, NLRB Boston Regional Director Jonathan Kreisberg gave a thorough update on the agenda of the federal agency. While most of the discussion focused on the latest pronouncements of social media, during my presentation on Vine and other photo/video social media sites, he also mentioned something that hasn’t often… Continue Reading

CBA Annual Meeting: Resources on Social Media & Employment Law

Posted in Highlight, Human Resources (HR) Compliance, Social Media

This afternoon, I’ll be speaking to the Connecticut Bar Association’s Annual Meeting on a topic that is familiar to blog readers: The Intersection of Employment Law and Social Media. If you’re attending, please stop by to say hi. There are a few resources that I’ll discuss in the presentation that I would recommend here: First,… 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

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 Media

Yesterday, 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

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

NLRB Region 34 (Connecticut) Now a Subregion of Boston Region 1

Posted in Labor Law & NRLB

As 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 & 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

Four Potential Employment Law Impacts of Obama’s Next Four Years

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

President 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 & 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

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