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Labor Law

“Occupy” Movement’s Oakland General Strike Raises Interesting Labor Law Issues

Written on 4 Nov, 2011 at 14:31

Employee participation in "Occupy" movement strike raises two labor law issues.... (Continue reading)

NLRB Announces Proposed Rule Requiring Posting of Notice on Employee Rights

Written on 23 Dec, 2010 at 13:54

On December 21, the National Labor Relations Board (NLRB) did something it rarely does: it indicated its intent to change labor law requirements through the regulatory process, rather than its normal process of case-by-case adjudication. See full text of NLRB’s... (Continue reading)

Supreme Court’s Decision on Arbitration of Statutory Discrimination Claims Under Collective Bargaining Agreement Will Have Little Real World Effect

Written on 8 Apr, 2009 at 20:53

I had the honor of being asked to comment on the Supreme Court’s decision in 14 Penn Plaza LLC v. Pyett, for the Jurist. I started with these thoughts: In the academic world, this case will be a law professor’s... (Continue reading)

The Employee Free Choice Act: The Debate Heats Up

Written on 16 Mar, 2009 at 5:00

Just What Is The Employee Free Choice Act, and Why Are So Many People Excited About It? President Obama supports the Employee Free Choice Act (“EFCA”). Home Depot co-founder Bernard Marcus called it, “A hostile takeover of American business,” and... (Continue reading)

Will This National Election Jeopardize Workplace Elections?

Written on 7 Nov, 2008 at 14:44

It would be ironic if this Presidential election — hailed by so many around the world (myself included) as a shining example of the strength and success of American democracy — resulted in a drastic reduction in long-established democratic electoral... (Continue reading)

As Ledbetter Fair Pay Act Debate Heats Up, NLRB Reiterates It’s Illegal to Bar Employee Discussion of Compensation

Written on 6 Jun, 2008 at 11:00

In recently discussing the Ledbetter Supreme Court case on the time limits for filing compensation discrimination charges, and Congressional efforts to alter its result, I mentioned, in passing, the NLRB (National Labor Relations Board) position on rules against discussing compensation. Many... (Continue reading)

Anti-Union Website Credited in Nurses’ Union Decertification Vote at Hospital

Written on 22 Aug, 2007 at 22:10

This story from today’s St. Louis Post-Dispatch would be just a local story, in my view, except for the role played by an anti-union website claiming to have been created by “an independent group of nurses – not supported or... (Continue reading)

A Short Course in Labor History

Written on 7 Aug, 2006 at 23:22

I ran across a good summary of over a century of labor union history, with comparisons between the US and European countries. Talk about the big picture! Dramatic contrasts between U.S. and Europe, and long-term perspective that completely ignores the... (Continue reading)

Hush, Money . . . NOT: It May Be Illegal To Prevent Your Workers From Discussing Their Salaries

Written on 16 Mar, 2006 at 14:17

NLRB laws have made it illegal for companies to prevent even non-union employees from discussing their salaries. Recent NLRB decisions continue to support such conduct.... (Continue reading)

Lawsuit Takes On Aggressive Union Organizing Tactics

Written on 7 Jan, 2006 at 20:39

Incognito Originally uploaded by brutal. Q. What does the photo of the license plate have to do with the title of this post? A. The aggressive labor union organizing tactic at issue was writing down employee license plate numbers in... (Continue reading)

Lessons From NYC Transit Strike: Who’s Right, Who’s Wrong?

Written on 3 Jan, 2006 at 1:32

Brooklyn Bridge footpath – Transit Strike Originally uploaded by MacRonin47. Many viewed the New York City transit strike just before Christmas as an illegal powerplay by a bunch of selfish “thugs” with unrealistic economic expectations. I’d have expected most of... (Continue reading)

HR/Employment Blogosphere Update for October 31, 2005

Written on 30 Oct, 2005 at 20:47

I know, I just went over a month without doing one of these, and now here are two back-to-back. What’s up? Let’s just say I’m trying to get back in the habit. As usual, I’m listing my provocative headlines first... (Continue reading)