By Edwin S. Hopson
On September 22, 2011, the U.S. House Education and the Workforce Committee, chaired by Rep. John Kline (R-MN), held a hearing entitled, “Culture of Union Favoritism: Recent Actions of the National Labor Relations Board.” The hearing focused on several decisions issued by the National Labor Relations Board (NLRB) in ...
By George J. Miller
When the Wage and Hour Division of the U.S. Department of Labor or a state department of labor determines that an employer has misclassified employees as independent contractors and has failed to pay them minimum wage or overtime pay required by law, the remedy at the administrative level typically has been for the employer ...
By Edwin S. Hopson
According to a press release issued by the U.S. Chamber of Commerce, it and the South Carolina Chamber of Commerce, on September 20, 2011, filed a lawsuit against the National Labor Relations Board (NLRB) challenging the NLRB’s new rule requiring businesses to post notices explaining employees' rights to unionize. The case ...
By George J. Miller
Labor law involves balancing many interests of employers, employees, and labor unions. The National Labor Relations Board is the federal agency created by Congress in 1935 to balance these interests in the first instance, subject to review by the federal courts of appeals. Students of labor law know that the NLRB has ...
By Edwin S. Hopson
On July 19, 2011, in response to the NLRB’s issuance of complaint against Boeing arising out of Boeing’s decision to build a number of its new 787 Dreamliners in a non-union plant in South Carolina, a bill entitled The Protecting Jobs From Government Interference Act, H.R.2587, was introduced in the U.S. House of ...
By Leila G. O'Carra
A few weeks ago, the Acting General Counsel for the National Labor Relations Board (NLRB) issued a report presenting recent case developments relating to social media. He wrote about the following cases in which the NLRB found that the employer had violated the NLRA:
● A non-profit social services provider unlawfully ...
By Edwin S. Hopson
On September 8, 2011, the National Association of Manufacturers (NAM) filed suit in the U.S. District Court for the District of Columbia to stop the National Labor Relations Board from implementing its “Posting Requirement” rule. The NLRB’s rule, which is slated to be effective in mid-November, 2011, would require ...
By Edwin S. Hopson
In the first ruling regarding discipline of employees for Facebook postings, a National Labor Relations Board Administrative Law Judge in Hispanics United of Buffalo, Inc., JD 55-11 issued September 2, 2011, found this non-profit organization unlawfully discharged five of its employees after they posted comments on ...