GC Solomon issues "R" case guidance

NLRB Acting General Counsel Lafe Solomon issued a guidance memorandum concerning the NLRB's new procedures for handling representation elections. The new procedures take effect tomorrow, April 30th.

Criminal records and the EEOC

Employers who use criminal records checks as a part of an employee selection process should review their practices in light of the EEOC's new guidelines on use of criminal records. FAQ's here.

Blows

Louisiana has one of the weakest, and for employees most dangerous, whistleblower protection Acts in the country. Arguably no employee should want to run the risks they are exposed to for blowing the whistle on an employer. Not only is termination from employment possible, but the employee who unsuccessfully blows the whistle without winning the issue is exposed to liability for the employer's costs and attorney fees. Practically speaking there are few employees and fewer circumstances which warrant this type of risk. State Representative Walt Leger introduced House Bill 84 to correct the problem, but the bill stalled in committee on a 6-6 vote.

Employers use of social media as screening tool declines

A new CareerBuilder survey indicates that employer's use of social media to research job applicants has declined. In a 2009 survey 45% of the surveyed companies reported using social media. In the new survey only 37% did, and another 15% said they prohibited using social media as a screening tool. Maybe applicants ought to consider a dual site approach to social media, one for the real life and one for the perfect applicant.

DC Circuit enjoins NLRB Notice requirement

A federal court of appeals in Washington has issued an emergency injunction against the NLRB's employer notice posting requirements which were scheduled to go into effect on April 30th. Previous posts here.

Rejected! Federal Judge nixes NLRB notice requirement

A federal district court in South Carolina has ruled the NLRB lacks the authority to promulgate the rule which requires employers to post a notice advising employees of their rights under the National Labor Relations Act. The opinion is here. The opinion is by District Judge David C. Norton who was appointed by by President George H. W. Bush. At first blush this seems to be a rather extraordinary reigning in of the NLRB's rule making authority.

Deadline!

On April 30 two important new NLRB rules become effective. First, all employers subject to NLRB jurisdiction will be required to have posted a notice advising employees of their rights under the National Labor Relations Act. Previous posts here. The poster can be downloaded for free here. Second, the Board will begin operating under a new set of rules for conducting representation elections. Employers would be well served to perform a current vulnerability assessment, including taking affirmative steps to be prepared to respond promptly to any union organizing activity in their workforce.

Decline with nuance

While it is true that manufacturing jobs as a percentage of total employment has been declining for a long time, in absolute numbers, the decline began relatively recently.

Social media passwords protected in MD

Maryland becomes the first state to ban employers from requesting social media passwords from employees and applicants. As a practice I think asking employees for their Facebook or other social media password is just creepy. Particularly where the practice is not required of every employee or applicant in the same job classification, and there exists a rational basis for employer concern about the employees personal behavior.

Flynn hires former IG

NLRB Member Terrence Flynn has hired a former DoJ Inspector General to defend him against ethics charges lodged against him.

Wisconsin law challenged

A federal district judge has just struck down parts of Act 10's restrictions on public employee union rights.