In an opinion likely effecting many Texas employers, the Fifth Circuit Court of Appeals held that an employer’s confidentiality policy that prohibited employees from disclosing all company financial and personnel information without a carve-out for employee wage information violated the National Labor Relations Act.

Flex Frac, a non-union employer, required all of its employees to sign the following confidentiality

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

Wow!  That is all I could say after I read the recent NLRB decision holding that an employer’s requirement that employee sign mandatory arbitration agreements waiving the right to litigate claims in a collective or class action violates the National Labor Relations Act.  

In the case styled D.R. Horton, Inc. and Michael Cuda

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

If you are are regular reader of this blog, you know that by November 14, 2011, most private employers (union and non-union) have to post notice of employees’ federal labor rights to form and join a union.  Some of you may have even already posted the NLRB-sanctioned poster.  

However, several lawsuits have been filed

I’ve previously written about the new NLRB requirement that most employers post notice of employee’s NLRB rights (post here).  The posting requirement is effective November 14, 2011, for both union and non-union employers.  Yesterday, the NLRB made available an appropriate posting for download.   The NLRB’s site also has answers to some commonly asked

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

There has been significant coverage of the unfair labor practice charges that have been filed by employees who were terminated over their postings made on Facebook, Twitter and other social media applications.  (Examples here, here and here).  The NLRB actions in some of these cases have lead to the belief by some union agents and employee representatives