Tag: NLRB

Social media policies vs NLRB: Where does conflict arise?

Social media policies may seem like an odd choice for investigation by the National Labor Relations Board (NLRB). However, the two have become increasingly intertwined because the NLRB has become very aggressive with social media policies in recent years. The NLRB is particularly concerned with any policies and disciplinary actions that infringe on employees’ rights […]

Court ruling puts NLRB future in jeopardy

A court ruling has put the brakes on the National Labor Relations Board (NLRB) and possibly invalidated decisions the Board has made for the last year. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled on January 25 that President Barack Obama acted unconstitutionally when he made three […]

NLRB ruling ends proemployer automatic exemption

A recent ruling from the National Labor Relations Board (NLRB) means employers are no longer automatically exempted when unions ask them to turn over witness statements related to employee discipline. Now, the employer’s confidentiality interest must be balanced with the union’s need for information. The American Baptist Homes of the West d/b/a Piedmont Gardens case […]

Are Employees on Leave Talking and Texting? (FLSA)

[Go here for risks 1 to 5.] 6. Fair Labor Standards Act Risks For exempt employees, employers must pay the full salary for any workweek, regardless of the number of days or hours worked. Therefore, if an exempt employee is on an unpaid leave of absence and uses an electronic device to check or respond […]

NLRB and nonunion employers

Employers with nonunionized workforces once went about their business without giving much thought to the National Labor Relations Board (NLRB). But with union membership in decline, a more activist Board is branching out, and now even nonunion employers need to be on guard. As union membership dwindles, the NLRB is emphasizing that the National Labor […]

Labor Law Under Obama or Romney–Employers Brace for Post-Election Changes

For today’s topic of likely labor law and NLRB actions after the election we turned to Patricia M. Trainor, J.D., SPHR, BLR’s Senior Managing Editor for HR. Here’s her take: Until recently most nonunionized employers knew little about National Labor Relations Board (NLRB or the Board) activities.  This was simply because that federal agency had […]

Comp and HR In the Year 2525

Segal, a partner in the Philadelphia office of Duane Morris LLP offered his tips at the SHRM Annual Conference and Exhibition, held recently in Atlanta. Wage and Hour Prior to 1938 we had a manufacturing economy, Segal says. In 1938, the Fair Labor Standards Act (FLSA) was enacted. With the exception of minor interim adjustments, […]

New NLRB website highlights “protected concerted activity”

by Tammy Binford The National Labor Relations Board (NLRB) is continuing efforts to broaden its impact on the workforce with the launch of a webpage aimed at communicating to workers how they can use the law in disputes with their employers. The webpage is the latest of several recent NLRB moves that many employers find […]

NLRB Member Resigns Amid Leak Allegations

The National Labor Relations Board (NLRB), which risked losing a quorum just a few months ago, is losing one of its two Republican members. Terence Flynn, who joined the NLRB in January, submitted his resignation on May 26. The resignation is to be effective July 24, but Flynn already has recused himself from all agency […]