Tag: NLRB

Obama urges swift confirmation of new NLRB nominees

The National Labor Relations Board (NLRB), crippled by a January court ruling against two recess appointees, has the potential to get back to full strength if the Senate confirms nominations President Barack Obama made April 9. Previous attempts to fill the NLRB have failed over congressional opposition to Board actions and Obama’s nominees. On April […]

Social Media–Badmouthing, NLRB, Privacy

The eight tentacles come from a recent BLR/HRHero-sponsored webinar featuring Patricia Trainor, JD, and Stephen Bruce, PhD. Attorney Trainor is BLR’s Senior Managing Editor, HR; Bruce is editor of the HR Daily Advisor.  [Go here for tentacles 1 to 4.] Tentacle #5—Inappropriate/ Negative Actions Toward the Employer Release of “trade secrets” and other proprietary data […]

Can You Forbid Discussions of Salary and Pay?

It’s all part of NLRB’s new expansive view of its role. For insights about the overly aggressive NLRB and the recent court decision concerning the legitimacy of President Obama’s recess appointments, we spoke with Patricia Trainor, BLR’s senior managing editor, HR. “There’s a very interesting situation at the NLRB now: A court has ruled that […]

NLRB wants Supreme Court review of recess appointments decision

The National Labor Relations Board (NLRB) announced on March 12 it will ask the U.S. Supreme Court to review an appeals court decision that says the appointment of two Board members is invalid. In consultation with the Justice Department, the NLRB said it intends to file a petition by the April 25 deadline for Supreme […]

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 […]