May 16, 2012
On May 14, 2012, the United States District Court for the District of Columbia held that the National Labor Relations Board's recently effective "quickie" election rule is invalid. The rule, which had only become effective on April 30, 2012, significantly altered the procedures for determining whether a majority of employees desire to be represented by a labor organization for purposes of collective bargaining. Read More
April 30, 2012
On April 26, the National Labor Relations Board's Acting General Counsel (AGC) issued comprehensive guidance to the Board's regional offices outlining how its new representation case procedures will be implemented. http://www.nlrb.gov/news/acting-general-counsel-issues-guidance-regions-implementing-new-representation-case-procedures. Read More
April 30, 2012
The U.S. Equal Employment Opportunity Commission (EEOC) on April 25, 2012, announced its long-awaited "Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions" (Guidance). Although the Guidance is considered by some not to be as draconian as employers feared it might be, it certainly will make it riskier for employers to use background checks to systematically rule out hiring anyone with a criminal conviction. Links to the Guidance and a series of Questions and Answers from the EEOC are found at:
http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm
http://www.eeoc.gov/laws/guidance/qa_arrest_conviction.cfm Read More
April 18, 2012
The U.S. Court of Appeals for the District of Columbia has issued an Order enjoining the National Labor Relations Board from implementing its controversial notice-posting rule. The rule, which was to go into effect on April 30, would require all employers covered by the National Labor Relations Act to post a workplace notice of employee rights under the Act. Read More
April 16, 2012
With the current effective date of the National Labor Relations Board's controversial notice-posting requirement a mere two weeks away, a federal judge in South Carolina ruled on Friday, April 13, that the Board lacked authority to order the posting of such notices. Read More