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
Fifth Circuit Holds Confidential Information Policy Protecting Company Financial and Personnel Information Violates the NLRA
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
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
BREAKING: NLRB Posting Rule Effective, But Not the Consequences of Failing to Post
I wrote before about several challenges to the NLRB’s controversial rule requiring employers to post notice of employee rights to form and join a union. Today, a court has rule on one of those challenges. In essence, the Court upheld the NLRB’s ability to require employers to post the notice of employee rights. However
NLRB Says Agreements to Waive Participation in Class Action Violate Federal Labor Law
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
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
Employers Might Want to Hold-off Posting the New NLRB “Mandated” Poster
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
NLRB Posting of Employee Rights Now Available
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
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