Related to: NLRA

NLRB Advice Memo Addresses Legality of Non-Compete and Moonlighting Policies

The National Labor Relations Board’s (NLRB) Division of Advice recently issued a memorandum addressing whether an employer’s requirement that employees sign employment agreements containing non-compete and anti-moonlighting provisions violated the National Labor Relations Act (NLRA). The circumstances involved a non-union company by the name of Thermal Tech, Inc., which required newly hired employees to sign…

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NLRB Finds Certain Mandatory Arbitration Agreements Illegal

The National Labor Relations Board (NLRB) recently issued a decision (D. R. Horton, Inc. and Michael Cuda., Case 12-CA-25764) in which it determined an employer had committed an unfair labor practice by requiring employees to sign a mandatory arbitration agreement that prevented them from bringing a class action against the employer in any forum. The case involved D.R.…

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Law Prohibiting Employers from Holding “Captive Audience” Meetings Declared Unconstitutional

For over a half-century, the National Labor Relations Act (NLRA) has protected the rights of employers to hold paid, mandatory meetings with their employees to discuss unions and unionization. These meetings, termed “captive-audience meetings,” have primarily been used by employers facing union organizing efforts in an attempt to combat the tactics used by unions to…

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NLRB Alleges Employer Unlawfully Discharged Employee for Facebook Posting

Unionized and non-unionized employers alike should take notice of a complaint issued recently by the National Labor Relations Board (NLRB), alleging that an employer unlawfully terminated one of its employees for criticizing her supervisor on Facebook.   According to the NLRB’s complaint, American Medical Response (AMR), an ambulance service in Connecticut, required employee Dawnmarie Souza…

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“Bannering” Held Permissible Under NLRA’s Secondary Boycott Provisions

Last week the National Labor Relations Board (NLRB) released a decision that could lead to a significant increase in union activity related to secondary boycotts. In a 3-2 decision split along partisan lines, the Board’s Obama-appointed majority held that the display of a stationary banner outside the business of a secondary employer is not coercive,…

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New Employee Posting Requirement for Federal Contractors and Subcontractors

Federal contractors and subcontractors have until June 21, 2010 to post a new notice released by the U.S. Department of Labor (DOL), which informs employees of their rights under the National Labor Relations Act (NLRA). The new notice was issued by the DOL as a result of Executive Order 13496, which was signed by President…

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