One piece of news you may have missed this week involved a lawsuit filed seeking to block the NLRB’s impending workplace rights poster. The District Court for the District of Columbia upheld the NLRB’s right to require the poster, but invalidated certain portions related to penalties for non-compliance. All hope is not lost, as a similar lawsuit awaits ruling in a different federal court. And, the courts of appeals will have to have their say. For now, however, the poster is still on track for its April 30, 2012, debut in your workplace.
For more on this issue, I recommend the following, who have already covered it in much greater detail than me:
- NLRB Posting and Goose/Gander Rule for Employer and Employee NLRA Rights — from Russell Cawyer’s Texas Employment Law Update
- Court Strikes Down Portions Of NLRB Notice Posting Rules — from Labor Relations Update
- Federal Court Upholds the NLRB’s Notice-Posting Rule, But Limits The Rule’s Enforcement Provisions — from Minnesota Employer
- District Court Partially Upholds/Blocks NLRB Notice-Posting Rule — from Labor Relations Today
- Posting Rule Upheld (Sort Of) — from Manpower Employment Blawg
- Update: Challenges to NLRB Posting Rule — from Employer Law Report
- Two out of Three is Bad: Judge Says Poster Goes Up — from Michigan Employment Law
Here’s the rest of what I read this week:
Discrimination
- Can one anti-Semitic email make a tenable employee bias claim? — from Eric Meyer’s The Employer Handbook Blog
- Employment Discrimination Protocols for Discovery: They’re Coming — from Dan Schwartz’s Connecticut Employment Law Blog
- White guys need love too: Punitive damages and reverse discrimination — from Robin Shea’s Employment and Labor Insider
- Unemployed Status—The New Protected Class — from Labor Employment Law Blog
- Regarded-as disability and the ADA amendments — from Work Matters
- Direct threat with regards to employment discrimination — from Employment Law Bits
- Boys, Girls and Workplace Discrimination — from i-Sight Investigation Software Blog
- Why is Pregnancy Discrimination Still Happening? — from Fistful of Talent
- $168 Million Verdict In Single Plaintiff Termination Case — from California Employment Law
Social Media & Workplace Technology
- What Employers Are Thinking When They Look At Your Facebook Page — from Kashmir Hill’s The Not-So Private Parts
- Using Social Media to Screen Job Applicants – Yes or No? — from Unbridled Talent
- Should Cyber-Screening by Employers Be Legislated? — from Molly DiBianca’s Delaware Employment Law Blog
- The Problem’s Not Just Porn Anymore — from The Employer's Lawyer
- Off-Duty Blogging Creates Employer Harassment Liability — from Phil Miles’s Lawffice Space
- As Social Media Adoption Grows So Does Corporate Risk — from Jessica Miller-Merrell’s Blogging4Jobs
- The Anatomy of a Good Social Media Policy — from Social Media Today
- Steakhouse Waiter Fired For Showing The World What A Great Tipper Peyton Manning Is — from Deadspin
- Why You Should Check With Legal Before Searching Employee’s Emails — from LE Blog
HR & Employee Relations
- Bullies, Reputational Hijackings and Corporate Responsibility… — from The HR Capitalist, Kris Dunn
- How to Destroy Employee Morale in Four Easy Steps — from ABA Journal Daily News
Wage & Hour
- Ten Things Small Business Needs To Know About Minimum Wage and Overtime — from Wage & Hour Insights
- Have I Been Properly Labeled as an Exempt Manager for Overtime Purposes Under the FLSA? — from Randy Enochs’s Wisconsin Employment & Labor Law Blog
- Donning + Doffing = Divided Decisions — from Smart HR Manager
- Does an Employer Violate the FMLA When an Employee Answers Email or Telephone Calls While on Leave? — from Jeff Nowak’s FMLA Insights
- New mandates for paid sick leave raise hackles — from MSNBC.com
Labor Relations
- Herding home care workers into unions — from Walter Olson’s Overlawyered
- Workers, and NLRB, Under Attack — from The Nation