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In a decision reached in early September, the National Labor Relations Board has ruled that a company's prohibition against employees' making any online statements that “damage the Company … or damage any person’s reputation” is "overly broad" and thus violates employee rights under Section 7 of the National Labor Relations Act (NLRA).
Affirming an adm...
A panel of judges for the U.S. Circuit Court of Appeals for the District of Columbia has begun hearing arguments on whether the National Labor Relations Board (NLRB) has the authority to require the posting of a National Labor Relations Act (NLRA) employee rights poster.
Yesterday, business groups met with the judges to present their side of the argument, which is that the mandate is beyond the...
The National Association of Manufacturers (NAM) has sued the National Labor Relations Board (NLRB) to rescind its required employee rights poster, which the association says the board lacks the authority to mandate.
The NLRB on August 30 published a final rule mandating that virtually every business in America display an NLRB-worded poster to inform employees of their rights under the National ...
With Wilma Liebman already departed, the National Labor Relations Board (NLRB) is down to three members with another departure looming at the end of the year. Nevertheless, the board has been busy overturning Bush-era decisions just days after publishing a final rule mandating the display of an NLRA Employee Rights Poster in virtually every workplace.
In two of the decisions it issued on Tuesda...
The National Labor Relations Board (NLRB) has released its final rule for the National Labor Relations Act (NLRA) Employee Rights posting requirement. This will be published in the Federal Register on Aug. 30, 2011.
This rule requires employers subject to the NLRA to post notices of employee rights under the NLRA. Subpart A of the rule sets out definitions; prescribes the size, form, and c...
Section 7 of the National Labor Relations Act (NLRA) extends workplace safeguards to employees' "protected concerted activity" in discussing wages, hours and working conditions, a protection that was generally thought to be confined to union organizing. Thus if a worker were fired for discussing a union issue with other employees, that could be considered a violation of the NLRA, ...
The courts have yet to weigh in, but a recent settlement between the National Labor Relations Board (NLRB) and a Connecticut ambulance company may mean more freedom of speech—or at least retaliatory protection—for employees who post comments about their companies online.
The incident has several angles to it, only one of which relates to the Internet, which the plaintiff claimed led...
Under the National Labor Relations Act (NLRA) and subsequent amendments and revamps such as the Taft-Hartley Law, union organizers collect signatures on cards from workers at a company, which they can then submit to the owner to certify the union or send to the National Labor Relations Board (NLRF) to certify them for a union vote by secret ballot.
Under terms of the now-dead Employee Fre...
Under Executive Order 13496 issued by President Obama early in his administration, federal contractors and subcontractors are obligated to inform their workforces of their right to join a union.
After a lengthy internal government review and public commentary period, the final rule implementing that order has been issued, and as of June 21, 2010, affected employers must inform their employees o...
Good news comes from Gallup--and the good ol' American public itself--for those business owners and managers who fear that a tidal wave of unionization will increase their costs and rigidize (is that a word? how about comatose-ize?) their workforces. Public support for unions has plunged to the lowest depths ever--just 48 percent of Americans approve of unions, according to a recent Gallup head...
Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.
U.S. Department of Labor Officially Restores Prior Overtime Exemption Rules
On May 14th, 2026, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced it has officially rescinded the 2024 overtime exemption rules. Specifically, the WHD published a technical amendment to restore previous 2019 regulations that dictated overtime exemptions for...
NLRB General Counsel Takes Action to Tackle Current Case Backlog
On May 6th, the National Labor Relations Board (NLRB) and NLRB General Counsel Crystal Stowe Carey announced the bulk transfer of thousands of labor practice cases. Specifically, this action fulfills an initiative signed by the NLRB General Counsel earlier this year. Overall, the initiative...
Privacy Agency Invites Comments from Businesses on the CCPA’s Usage of Personal Data
Recently, the California Privacy Protection Agency (CPPA) issued a call for comments on the current state of personal data collection under the California Consumer Privacy Act (CCPA). Specifically, the invitation to deliver remarks was issued on April 20th, 2026. The information provided by the...
DOL Proposes New Joint Employer Rule To Unify Standards Under Federal Labor Laws
In April 2026, the U.S. Department of Labor issued a proposed rule to establish a single, clear standard for determining when joint-employer status applies under three major federal laws: the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal...
DOL Updates Enforcement Approach for Employee Benefit Plans: What Employers Should Know
The U.S. Department of Labor (DOL) recently announced a significant change in its enforcement of employee benefit plan rules. The DOL will now focus more closely on serious violations that harm workers and retirees, meaning compliant employers may face less scrutiny under the updated approach.