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NLRB Postpones Implementation of Notice-Posting Rule

Posted on April 20, 2012 by

On Tuesday, April 17, the National Labor Relations Board (NLRB) issued a press release stating that in light of the strong interest in the uniform implementation and administration of agency rules, its regional offices will not implement the controversial notice-posting rule pending the resolution of a federal court case. (For more background information regarding the […]

President Obama Recess Appoints Three to Quorum-less NLRB

Posted on January 9, 2012 by

On January 5, 2012, President Barack Obama recess appointed Sharon Block (D), Terence Flynn (R) and Richard Griffin (D) to the National Labor Relations Board (“Board”), restoring the Board to its full, five-member complement. Block, Flynn and Griffin join existing member Hayes and Chairman Pearce, after member Becker’s appointment expired at the end of 2011. […]

Update: NLRB Again Postpones Implementation Date for Notice-Posting Rule: Will Now Take Effect on April 30, 2012

Posted on January 3, 2012 by

For a second time, the National Labor Relations Board (“Board”) has postponed the implementation of its new “Final Rule” requiring employers to notify employers of their rights under the National Labor Relations Act (“NLRA”). (National Labor Relations Board Postpones Implementation Date for New Notice-Posting Rule) A federal judge in Washington D.C. has requested additional time […]

NLRB Adopts Resolution to Implement Several Proposed “Quickie Election” Rules-But Final Passage in Doubt

Posted on December 6, 2011 by

(See Original Legal Update of July 29, 2011) Not surprisingly, the National Labor Relations Board (“Board”) recently advanced its July 2011 Notice of Proposed Rulemaking, adopting a resolution designed to make union avoidance a more challenging proposition for private-sector employers. At a public meeting held on November 30, 2011, the Board voted, 2-to-1, in favor […]

Changes in Age Discrimination Regulations and the RFOA Defense

Posted on November 29, 2011 by

On November 16, the EEOC approved a draft final rule to amend the Commission’s existing Age Discrimination in Employment Act (ADEA) regulations to reflect two recent U.S. Supreme Court decisions regarding ADEA disparate impact claims and the “reasonable factor other than age” (RFOA) defense. The draft regulation will now go to the White House Office […]

National Labor Relations Board Postpones Implementation Date for New Notice-Posting Rule

Posted on November 11, 2011 by

On October 5, 2011, the National Labor Relations Board’s (“Board”) Office of Public Affairs announced that the Board has elected to postpone the implementation of its new “Final Rule” requiring employers to notify employees of their rights under the National Labor Relations Act. Under the new rule, which was to become on November 14, 2O11, […]

Concealed Carry Issues

Posted on October 6, 2011 by

Some concern has been expressed regarding two issues with Wisconsin’s new carrying concealed weapons law that was published on July 22, 2011. First, there seems to be a question regarding the effective date of the law. Second, some property owners and business owners are wondering who the law applies to and believe they may be […]

National Labor Relations Board Issues Final Rule

Posted on August 25, 2011 by

The National Labor Relations Board (NLRB) has issued a Final Rule requiring employers to notify employees of their rights under the National Labor Relations Act. Under the new rule, effective November 14, 2011, private-sector employers (including labor organizations) whose workplaces fall under the National Labor Relations Act will be required to post the employee rights […]

Concealed Carry Law Requires Businesses to Make Policy Decisions

Posted on August 3, 2011 by

As we discussed in our previous E-alert “Are You Ready for Conceal and Carry?”, public and private sector employers are facing the question of prohibiting concealed weapons in their place of business. This question, however, lends itself to a number of other considerations for employers, such as: May employers distinguish between prohibitions for employees and […]

New Labor Pains for Employers: NLRB and DOL Each Deliver Union-Friendly Proposals

Posted on July 29, 2011 by

Recently, the National Labor Relations Board (“NLRB”) and the Department of Labor (“DOL”) separately proposed new rules aimed at making unionization easier – ignoring the old adage, “if it ain’t broke, don’t fix it.” As explained below, the NLRB proposed a new set of representation pre-election procedures, popularly characterized as the “quickie election” rules, while […]