Lexology.com
Fox Rothschild LLP
Matthew R. Porio and Brian A. Caufield
USA
On December 23, 2011, the National Labor Relations Board (NLRB or Board) agreed to postpone the date employers nationwide are to post a notice advising employees of their rights under the National Labor Relations Act from Jan. 30, 2012, to April 30, 3012. This decision was at the request of the federal court in Washington, DC, that is currently hearing a legal challenge regarding the rule.
Full Story: http://www.lexology.com/library/detail.aspx?g=49b1eb8a-c262-46f1-8729-57228523a60d&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-01-17&utm_term=
Showing posts with label NLRA. Show all posts
Showing posts with label NLRA. Show all posts
Tuesday, January 17, 2012
Monday, September 12, 2011
Labor and employment alert: NLRB publishes final rule for notification of employee rights
Lexology
Jeffer Mangels Butler & Mitchell LLP
R. Scott Brink
USA
August 31 2011
The National Labor Relations Board (“NLRB”) published in the Federal Register yesterday a Final Rule requiring most private-sector employers -- even if not unionized --to notify employees of their rights under the National Labor Relations Act ("NLRA") by posting paper and, where applicable, electronic notices identifying those rights.
The Rule, which was highly controversial due to the perception of some employers that it is intended to unfairly foster union organizing, will take effect 75 days from today. Employers covered by the NLRA should begin posting the notice on November 14, 2011. Employers engaged in interstate commerce (which includes employers who buy, sell, or ship more than $50,000 of goods or services from out of state) typically fall within the jurisdiction of the NLRA.
Full Story: http://www.lexology.com/library/detail.aspx?g=a9aa38f4-503a-475a-bf1c-09f71d2d3d52&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-09-07&utm_term=
Jeffer Mangels Butler & Mitchell LLP
R. Scott Brink
USA
August 31 2011
The National Labor Relations Board (“NLRB”) published in the Federal Register yesterday a Final Rule requiring most private-sector employers -- even if not unionized --to notify employees of their rights under the National Labor Relations Act ("NLRA") by posting paper and, where applicable, electronic notices identifying those rights.
The Rule, which was highly controversial due to the perception of some employers that it is intended to unfairly foster union organizing, will take effect 75 days from today. Employers covered by the NLRA should begin posting the notice on November 14, 2011. Employers engaged in interstate commerce (which includes employers who buy, sell, or ship more than $50,000 of goods or services from out of state) typically fall within the jurisdiction of the NLRA.
Full Story: http://www.lexology.com/library/detail.aspx?g=a9aa38f4-503a-475a-bf1c-09f71d2d3d52&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-09-07&utm_term=
Monday, April 25, 2011
First Facebook and now Twitter ... social media legal compliance challenges are no "LOL" matter!
Lexology.com
Foley & Lardner LLP
Scott Callen
USA
April 18 2011
Employees continue to file suits challenging company social media handbook policies and companies who discipline employee use of online tools like LinkedIn and Facebook. The New York Times recently reported, and various other media reports indicate, that absent a settlement, the National Labor Relations Board (NLRB) plans to commence a legal proceeding challenging a company's social media policies and response (possible verbal reprimand) involving an employee's Twitter post related to the company's cooperation with union members.
The National Labor Relations Act (NLRA) is a federal labor law that prohibits companies from violating a worker's federally protected right to engage in concerted, protected activity with co-workers to improve working conditions. The NLRB will commence legal proceedings claiming the company improperly restricted the employee's right to use Twitter to discuss working conditions with co-workers and implemented an unlawful social media policy that chilled employees' rights to discuss working conditions, which the NLRB will assert is a violation of Section 8(a)1 of the NLRA.
Full Story: http://www.lexology.com/library/detail.aspx?g=dded1225-0d5a-4e58-a773-0420eec7a11e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-04-21&utm_term=
Foley & Lardner LLP
Scott Callen
USA
April 18 2011
Employees continue to file suits challenging company social media handbook policies and companies who discipline employee use of online tools like LinkedIn and Facebook. The New York Times recently reported, and various other media reports indicate, that absent a settlement, the National Labor Relations Board (NLRB) plans to commence a legal proceeding challenging a company's social media policies and response (possible verbal reprimand) involving an employee's Twitter post related to the company's cooperation with union members.
The National Labor Relations Act (NLRA) is a federal labor law that prohibits companies from violating a worker's federally protected right to engage in concerted, protected activity with co-workers to improve working conditions. The NLRB will commence legal proceedings claiming the company improperly restricted the employee's right to use Twitter to discuss working conditions with co-workers and implemented an unlawful social media policy that chilled employees' rights to discuss working conditions, which the NLRB will assert is a violation of Section 8(a)1 of the NLRA.
Full Story: http://www.lexology.com/library/detail.aspx?g=dded1225-0d5a-4e58-a773-0420eec7a11e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-04-21&utm_term=
Monday, October 11, 2010
OFCCP Shares Enforcement Role in New Rule on Employee Rights Poster
U.S. Department of Labor
OFCCP
A new Employee Rights Poster regulation, implementing Executive Order 13496, is now in effect to better inform employees about their labor law rights. The rule requires covered federal contractors to provide notice to their employees of their rights under the National Labor Relations Act (NLRA), including their rights to organize and to bargain collectively with their employers, and to engage in other protected concerted activity with or without a union, or to refrain from all such activity. Contractors also must make the posting obligation applicable to their subcontractors through use of a mandatory contract clause.
The poster also provides examples of unlawful employer and union conduct that interferes with those rights and indicates how employees can contact the National Labor Relations Board, the federal agency that enforces those rights, with questions or complaints.
The Office of Federal Contract Compliance Programs shares enforcement responsibilities for this new regulation with the U.S. Department of Labor's Office of Labor-Management Standards (OLMS). OFCCP is responsible for investigating complaints, compliance evaluations and conciliation, and will refer violations to OLMS for enforcement. The sanctions, penalties and remedies for noncompliance with the notice requirements include the suspension or cancellation of the contract and the debarring of federal contractors from future federal contracts.
Find out more about this poster (or download it in English, Spanish, Mandarin, Hmong, Laotian or Vietnamese) at www.dol.gov/olms/regs/compliance/EO13496.htm. If you have questions about the poster, such as where and when it should be posted, please contact your nearest OLMS office. A listing of these offices and their contact information can be found at: www.dol.gov/olms/contacts/lmskeyp.htm.
http://www.dol.gov/ofccp/LatestNews.htm#Enforcement
OFCCP
A new Employee Rights Poster regulation, implementing Executive Order 13496, is now in effect to better inform employees about their labor law rights. The rule requires covered federal contractors to provide notice to their employees of their rights under the National Labor Relations Act (NLRA), including their rights to organize and to bargain collectively with their employers, and to engage in other protected concerted activity with or without a union, or to refrain from all such activity. Contractors also must make the posting obligation applicable to their subcontractors through use of a mandatory contract clause.
The poster also provides examples of unlawful employer and union conduct that interferes with those rights and indicates how employees can contact the National Labor Relations Board, the federal agency that enforces those rights, with questions or complaints.
The Office of Federal Contract Compliance Programs shares enforcement responsibilities for this new regulation with the U.S. Department of Labor's Office of Labor-Management Standards (OLMS). OFCCP is responsible for investigating complaints, compliance evaluations and conciliation, and will refer violations to OLMS for enforcement. The sanctions, penalties and remedies for noncompliance with the notice requirements include the suspension or cancellation of the contract and the debarring of federal contractors from future federal contracts.
Find out more about this poster (or download it in English, Spanish, Mandarin, Hmong, Laotian or Vietnamese) at www.dol.gov/olms/regs/compliance/EO13496.htm. If you have questions about the poster, such as where and when it should be posted, please contact your nearest OLMS office. A listing of these offices and their contact information can be found at: www.dol.gov/olms/contacts/lmskeyp.htm.
http://www.dol.gov/ofccp/LatestNews.htm#Enforcement
Monday, June 7, 2010
OFCCP Issues Notification on Employee Rights under NLRB
Office of Federal Contract Compliance Programs (OFCCP)
New Employee Notification Requirements for Federal Contractors and Subcontractors
Under Department of Labor regulations, http://edocket.access.gpo.gov/2010/pdf/2010-11639.pdf , contractors holding contracts with the Federal government and their subcontractors are required, beginning on June 21, 2010, to post notices informing employees of their rights under the National Labor Relations Act (NLRA). The notice to employees required by the regulations inform employees about their rights under the NLRA to form, join and assist a union and to bargain collectively with their employer; provides examples of unlawful employer and union conduct that interferes with those rights; and indicates how employees can contact the National Labor Relations Board, the Federal agency that enforces those rights, with questions or to file complaints. Contractors that violate the Labor Department's regulations requiring employee notification of these rights may be subject to sanctions, including suspension or cancellation of the contract.
The regulations require Federal contractors:
to post the required employee notice conspicuously in and around their plants and offices so that it is prominent and readily seen by employees who are covered by the NLRA and who engage in contract-related activity;
to post the required notice electronically if they communicate with employees electronically, which requires posting a link to the Department of Labor's website containing the employee notice where they customarily place other electronic notices to employees about their jobs; and
to insert provisions in their subcontracts that require their subcontractors to comply with the same posting requirements as well.
Contractors and subcontractors may obtain the required poster in any of the three ways. The Labor Department will print posters and provide them to Federal contracting departments and agencies for supply to contractors and subcontractors. In addition, contractors and subcontractors can request posters from the field offices of the Labor Department's Office of Federal Contract Compliance Programs (http://www.dol.gov/ofccp/contacts/ofnation2.htm) , or Office of Labor-Management Standards (OLMS) (http://www.dol.gov/olms/contacts/lmskeyp.htm). Finally, contractors and subcontractors can acquire the poster from OLMS' website by downloading it from http://www.olms.dol.gov or by calling (202) 693-0123. Compliance information for contractors and subcontractors can be found at OFCCP's website http://www.dol.gov/ofccp/regs/compliance/Contractor_Compliance_presentation.ppt
http://www.dol.gov/ofccp/regs/compliance/EO13496_Presentation.htm
New Employee Notification Requirements for Federal Contractors and Subcontractors
Under Department of Labor regulations, http://edocket.access.gpo.gov/2010/pdf/2010-11639.pdf , contractors holding contracts with the Federal government and their subcontractors are required, beginning on June 21, 2010, to post notices informing employees of their rights under the National Labor Relations Act (NLRA). The notice to employees required by the regulations inform employees about their rights under the NLRA to form, join and assist a union and to bargain collectively with their employer; provides examples of unlawful employer and union conduct that interferes with those rights; and indicates how employees can contact the National Labor Relations Board, the Federal agency that enforces those rights, with questions or to file complaints. Contractors that violate the Labor Department's regulations requiring employee notification of these rights may be subject to sanctions, including suspension or cancellation of the contract.
The regulations require Federal contractors:
to post the required employee notice conspicuously in and around their plants and offices so that it is prominent and readily seen by employees who are covered by the NLRA and who engage in contract-related activity;
to post the required notice electronically if they communicate with employees electronically, which requires posting a link to the Department of Labor's website containing the employee notice where they customarily place other electronic notices to employees about their jobs; and
to insert provisions in their subcontracts that require their subcontractors to comply with the same posting requirements as well.
Contractors and subcontractors may obtain the required poster in any of the three ways. The Labor Department will print posters and provide them to Federal contracting departments and agencies for supply to contractors and subcontractors. In addition, contractors and subcontractors can request posters from the field offices of the Labor Department's Office of Federal Contract Compliance Programs (http://www.dol.gov/ofccp/contacts/ofnation2.htm) , or Office of Labor-Management Standards (OLMS) (http://www.dol.gov/olms/contacts/lmskeyp.htm). Finally, contractors and subcontractors can acquire the poster from OLMS' website by downloading it from http://www.olms.dol.gov or by calling (202) 693-0123. Compliance information for contractors and subcontractors can be found at OFCCP's website http://www.dol.gov/ofccp/regs/compliance/Contractor_Compliance_presentation.ppt
http://www.dol.gov/ofccp/regs/compliance/EO13496_Presentation.htm
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