A recent decision of the National Labor Relations Board (the “Board”) concluded that standard nondisparagement and confidentiality provisions found in many employee severance agreements violate federal labor law because they have a reasonable tendency to interfere with and restrain employees’ prospective rights to engage in protected concerted activity, bargain collectively and form unions for their
NLRB Taking Aggressive Legal Positions in Attempt to Remain Relevant
With union organization and membership at all time lows in the United States, the National Labor Relations Board is making a effort to stay relevant by pushing an agenda targeted on non-unionized workplaces. Unfortunately, the Board’s positions, some of which are completely out of touch, may push it into irrelevance.
From its difficult to synthesize interpretation employer social
NLRB Posting and Goose/Gander Rule for Employer and Employee NLRA Rights
By now we know that one of two federal district courts considering the issue has upheld the NLRB’s power to mandate most employers post Notice of Employee’s NLRB rights to form and join unions. While the NLRB is making employers educate employees about some rights under the NLRA, the required posting doesn’t go far enough in
NLRB Postpone Implementation Date for Notice of Rights Poster
I suggested that employers should wait until November 14, 2011 (the implementation deadline) to post the new regulatory-requirement posting on employees’ NLRB rights because of several lawsuits seeking to enjoin the requirement.
The Board has now postponed the initial posting deadline until January 31, 2012 "to allow for further education and outreach." I’m not sure
NLRB Says Non-Union Employers Must Post Notice of Employees’ Labor Rights
Yesterday, the NLRB issued its final rule requiring all employer subject to the National Labor Relations Act to post notices to employees of their NLRA rights such as the right to form and join a union, bargain collectively over wages and to file unfair labor practice charges with the Board as well as instructing employees on how to file