Employment Law

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Good news for employers: The Supreme Court today said President Obama overstepped his executive powers when he used “recess appointments” to name three members to the National Labor Relations Board (NLRB). As a result, the NLRB will likely have to rehear more than 100 cases from 2012. This could create a procedural logjam at the NLRB, an agency that has been aggressively pursuing expansion of employee rights on the job.

You read that right. Soon you will recall the good ol’ days when employee handbooks could prohibit employees from having a “discourteous or inappropriate attitude or behavior.” The NLRB in April ruled that such language was too broad and could possibly deter employees from discussing their pay or working conditions with colleagues.

For the first time in a decade, the NLRB is operating at full strength with five members and a confirmed General Counsel. The new board has a union-side majority and appears poised to expedite union organizing and support other collective activity across an increasingly broad spectrum of unionized and nonunionized workplaces.
The Labor Department's proposed rule would affect employees nationwide.
The NLRB has ordered a Sacramento-area lumber company to restart contract negotiations with the union that represents its employees.
The former owners of People Care Holdings, which provides in-home health services in and around New York City, have agreed to pay $10 million to settle charges they sold company stock to employees at inflated rates.

According to an Associated Press report, General Motors is so worried about future litigation that it has ordered employees to stop using 68 specific terms in internal correspondence relating to safety issues.

You may have read the recent headlines about a Facebook posting that unraveled a confidential settlement agreement between a prep school employee and the school. The employee's daughter took to Facebook to brag that the family was planning a European vacation courtesy of the settlement ...
Q. Can an employee let others know that a certain person works at his office? Or are there some hidden privacy issues involved?
Twice every year, federal agencies offer an unheralded but revealing peek at their upcoming priorities. The Department of Labor’s most recent semiannual regulatory agenda, released in late May, provides enforcement clues employers should heed.
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