Posts tagged Labor Law.

For employers, compliance with wage-hour laws, including the Fair Labor Standards Act (“FLSA”) is more important than ever.  A top lawyer at the Department of Labor (“DOL”) stated earlier this month during a conference that the DOL has a new emphasis on investigations of potential FLSA violations. 

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit struck down a National Labor Relations Board (“NLRB”) rule requiring both union and non-union employers to display posters informing employees of their right to form a union and engage in other concerted activity.

Demonstrating the NLRB’s increased focus on limiting employer confidentiality rules, a three member panel of the NLRB recently ruled in DirecTV U.S. DirecTV Holdings LLC, 359 NLRB No. 4 (January 25, 2013) that four work rules maintained by DirecTV were unlawful restrictions on employees’ Section 7 rights and that the employer did not repudiate the rules. 

The D.C. Circuit holds that President Obama’s January 2012 recess appointments to the NLRB were unconstitutional, arguably undermining the precedential value of controversial decisions  of 2012. (Noel Canning v. NLRB, January 25, 2013.)   

Tags: Labor Law

This week, the National Labor Relations Board told Thomson Reuters that it will file a civil complaint accusing the company of illegally reprimanding a reporter over a public Twitter posting criticizing management.  The reporter posted the following to a Reuters Twitter address: “One way to make this the best place to work is to deal honestly with Guild members.”  She was subsequently advised by Reuters’ management that she should not have published a post that could damage the company’s reputation.  Although she has indicated that she felt intimidated, it is not clear whether she was actually disciplined for the post.  The NLRB has taken the position that Reuters violated the reporter’s federally protected right to engage in concerted, protected activity with co-workers to improve working conditions.  Although this is the first incident involving Twitter, it is not the NLRB’s first foray into the realm of social media.  In October 2010, the NLRB filed a complaint against an ambulance company in Connecticut on behalf of an employee who had been terminated because she had posted negative comments about her supervisor on her personal Facebook page in violation of the company’s blogging and internet posting policy.  That case was settled in February 2011.  

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