District Court Decides NLRB Poster Case

March 9, 2012

On March 2, the D.C. District Court ruled that the National Labor Relations Board (NLRB) was acting within its authority to require employers to hang posters outlining workers’ rights to unionize. On Aug. 25, 2011, NLRB issued a 45 page final rule requiring all but the smallest employers to hang posters notifying employees...

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House To Consider JOBS Act

March 6, 2012

The House is expected this week to vote on the Jumpstart Our Business Startup Act (JOBS Act) which, if enacted, would encourage entrepreneurship and bolster new business formation. A legislative package of six bipartisan bills, the JOBS Act, will not only ease compliance and costs for entrepreneurs and small businesses but would...

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NSBA Registers Opposition to New EEOC Policy

February 15, 2012

As NSBA reported last week, the Equal Employment Opportunity Commission (EEOC) has come out with a new policy that any employer requiring high school diplomas would be unlawful under the Americans with Disabilities Act unless the employer can demonstrate that the diploma requirement is job related and consistent with business necessity. This new policy...

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EEOC Bars Certain Job Requirements by Employers

February 9, 2012

On Nov. 17, 2011, the Equal Employment Opportunity Commission (EEOC) Office of Legal Counsel issued an “informal discussion letter” stating that an employer requiring high school diplomas would be unlawful under the Americans with Disabilities Act. They cited such a requirement as having a disparate impact on the learning disabled unless the employer...

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NLRB Update:Recess Appointments and More

January 10, 2012

In recent weeks, there has been a good deal of activity at the National Labor Relations Board (NLRB). During Congress’ winter break, President Barack Obama made three recess appointments to the NLRB. Also, the NLRB found that an arbitration agreement unlawfully barred employees from engaging in “concerted activity,” and recently...

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NSBA Opposes Bill Allowing Unemployed to Sue

January 10, 2012

NSBA President Todd McCracken recently weighed in with the Senate Committee on Health, Education, Labor and Pensions (HELP) in opposition to the Fair Employment Opportunity Act of 2011 and other, similar proposals. There are several current proposals to make discrimination against individuals based on their status as unemployed unlawful. Proposed legislation includes three bills that would enact...

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Decision on NLRB Union Elections Rule Expected

November 29, 2011

The National Labor Relations Board (NLRB) has scheduled a vote on its proposed union election rule for Wednesday afternoon, Nov. 30.  NSBA has opposed this rule in formal comments to the NLRB. The rule is expected to pass with some changes unless NLRB member Brian Hayes resigns, as some have encouraged him to do. The...

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NLRB Posting Requirement Delayed

October 13, 2011

On Oct. 5, 2011, the National Labor Relations Board (NLRB) announced a delay to the implementation deadline for their new rule requiring employers to hang posters notifying employees of their right to unionize. The rule was set to take effect Nov. 14, but has been pushed back to Jan. 31,...

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Bill Introduced to Stop NLRB Election Rule Changes

October 12, 2011

On Oct. 5,  House Committee on Education and the Workforce Chairman John Kline (R-MN) introduced theWorkforce Democracy and Fairness Act (H.R. 3094). It is designed to to prevent the National Labor Relations Board (NLRB) from implementing major proposed changes that were included in their recent notice of proposed rulemaking. The Workforce Democracy...

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