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Keeping You Posted

Recent developments in employment and labor law


Howard Kastrinsky


Chris Barrett

Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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NLRB Recess Appointments Ruled Unconstitutional

Tuesday, 29 January 2013 10:02


The National Labor Relations Board’s (NLRB) ambitious plans to rewrite labor law may have suffered a fatal blow from an unexpected direction. To date, two of the three NLRB members had not been confirmed by the Senate. Instead, they had been “recess appointments” made by President Obama when the Senate was not in session. These recess appointees have imposed new restrictions on employers, often outside of the union context, and into everyday employment decisions..

Read the article by Howard Kastrinsky.


Statements on Facebook are protected, concerted activity under NLRA

Thursday, 24 January 2013 14:20


The NLRB has made a huge fuss over an employee’s ability to express their concerns over the internet in the last year.  Because the traditional “water cooler talk” has a new forum consisting of Facebook postings and re-Tweets, the NLRB has issued numerous General Counsel opinions and Advice Memorandums on the subject, but only one other Board decision on Section 7 rights via social media (click here).  Recently, though the Board issued its second opinion in Hispanics United of Buffalo - not surprisingly - upholding the ALJ’s decision that, yes, an employee’s concerted, protected speech does apply to Facebook posts as well.

Read the article by Patrick Ogilvy.


Employment-at-Will Not Affected By Employer Anti-Retaliation Policy

Tuesday, 22 January 2013 09:49


Almost all states follow the “at will” employment doctrine. Without an explicit employment contract an employer may terminate an employee at any time for any reason, and an employee may leave at any time. Although this doctrine has seen a fair amount of erosion and weathering in the last few decades, it is still the bedrock policy in most states.

Read the article by Max Nuyen.


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