Management’s Workplace Blog – Information and Insights for Employers
“According to Woody Allen, eighty percent of life is just showing up. When it comes to satisfying a quorum requirement, though, showing up is even more important than that. Indeed, it is the only thing that matters – even when the quorum is constituted electronically.”
So begins United States District Court Judge James Boasberg’s opinion…
In Part One of my analysis of the recent case brought by the NLRB challenging various aspects of the Rio Hotel & Casino’s employee handbook, I reviewed two parts of the handbook that the Board found objectionable: a prohibition on off-duty clothing and an off-duty access rule. The ALJ ruled in favor of the Company…
A little-noticed ALJ case recently coming out of Las Vegas gives employers excellent insight into how the NLRB General Counsel views certain employee handbook provisions. The case involved the famous Rio Hotel and Casino – a venue which boasts a couple thousand hotel rooms and, in my opinion, the best buffet in Vegas. Last July,…
Today marks a new day for the National Labor Relations Board, as significant changes to its election procedures officially take effect. All NLRB election petitions filed starting today will be subject to these new rules.
The most significant changes concern the role of a pre-election hearing. Up until now, a pre-election hearing was an opportunity…
BREAKING NEWS!
In a follow-up to our blog posting from this morning, the United States Court of Appeals for the District of Columbia just issued an injunction preventing the NLRB from enforcing its poster rule while the Court considers an appeal of the prior D.C. District Court case which upheld a portion of the rule. …
As we blogged over the weekend, a federal District Court in South Carolina on Friday struck down the NLRB poster rule, on the grounds that the NLRB exceeded its authority in promulgating the rule. This ruling directly conflicts with an earlier decision from a federal District Court in Washington, DC which upheld the NLRB’s authority…
BREAKING NEWS!
The United States District Court for the District of South Carolina just struck down the NLRB poster requirement set to go into effect on April 30, 2012. Contrary to the District Court for the District of Columbia ruling, the federal court in South Carolina found that the NLRB exceeded its authority in promulgating…
A few weeks ago, I wrote about an important 10 (j) case in federal court in New York where the Defendant was challenging (1) the constitutionality of Obama’s recess appointments; (2) the Labor Board’s ability to delegate 10 (j) authority to the General Counsel’s office; and (3) if such a delegation survives once the Board’s…
The big news in labor law the past few days has been the NLRB Inspector General report concerning Board member and Republican appointee, Terence Flynn. Corporate Counsel has an excellent story on the report. As of Monday, Flynn was adamant that he would not resign.
It appears that Flynn’s status might come down to a…
The Wall Street Journal has an excellent story about a new “information campaign” planned by the NLRB that will impact non-union employers. The goal is to inform all employees about their legal right to take part in “protected concerted activities.” Indeed, the right to engage in “protected concerted activity” is one aspect of the National…
