WIRTW #273 (the “NLRB, fuggetaboutit” edition)

Remember those posters explaining employees’ rights under the National Labor Relations Act that the NLRB wanted all employers (union and non-union) to post. Well, earlier this week, the D.C. Circuit Court of Appeals issued a broad ruling striking down the NLRB’s posting requiring as a violation both of the NLRA’s “free speech” provision and the 1st Amendment of the Constitution. Bravo D.C. Circuit. Here’s some of the commentary on this case from around the blawgosphere:

• Another Bad Day in the DC Circuit for the NLRB — from Jottings By An Employer's Lawyer
• Breaking: No NLRB Union Posters, Says Appeals Court — from Dan Schwartz’s Connecticut Employment Law Blog
• D.C. Circuit Strikes Down NLRB Notice Rule — from Workplace Prof Blog
• DC Circuit Strikes Down NLRB Poster Requirement — from Phil Miles’s Lawffice Space

Here’s the rest of what I read this week:

Discrimination

• EEOC Announces Enforcement Priorities — from Maryland Employment Law Developments
• Is your company a target of the EEOC? — from Employment and Labor Insider
• Sexual Harassment Complaints By Males On The Rise: 2012 EEOC Enforcement and Litigation Statistics — from Outten & Golden Employment Law Blog
• Knock knock. Who’s there? The EEOC… — from Warren & Associates Blog
• 10 Reasons To Negotiate Instead Of Suing The Bastards  — from Negotiation Law Blog
• Should Employees Sign A Waiver To Protect Employers: “I Agree Not To Engage In Wild Sex On A Business Trip?” — from Employment Discrimination Report
• When an Employee Says: I’m Gay — from HR Examiner with John Sumser
• Sexual Orientation – Is Conduct Discrimination or Stereotyping? — from HR Gazette
• Pregnancy Disability Discrimination a KEY Target of EEOC — from Mike Haberman’s Omega HR Solutions

Social Media & Workplace Technology

• Rewriting the Employee Handbook for Social Media — from InhouseBlog
• Protecting Privacy or Enabling Fraud? Employee Social Media Password Protection Laws May Clash with FINRA Rules — from Privacy Law Blog
• Should Employers Ask Candidates for Their Facebook Passwords? — from employeescreenIQ Blog
• History of Terminations & Firings Because of Employee Social Media — from Blogging4Jobs
• Patchwork of Social Media Password Protections Laws Impacts Employers — from Digital Workplace Blog

HR & Employee Relations

• Employee Handbook Haiku — from Minnesota Employer
• Doctor Non-Solicitation Agreement Not Supported By Legitimate Business Interest — from Trade Secrets and Noncompete Blog
• Bullying in the Workplace: All Eyes on NBC — from Minnesota Labor & Employment Law Blog
• Beyond Words: How Generation Y is Redefining Learning For Everyone — from TLNT
• Is Your Company’s Customer List Still A Trade Secret If Your Company Uses Labeled Delivery Trucks? — from Trading Secrets
• Shocking examples of sexism in 1960s corporate newsletters — from Ragan.com
• Why You Shouldn’t Try to Match Yahoo’s Fabulous New Maternity Leave Policy — from Evil HR Lady, Suzanne Lucas
• The don of donut discipline — from PassiveAggressiveNotes.com
• Paid Sick Leave Has Some Business Owners Feeling Ill — from You’re the Boss Blog

Wage & Hour

• Wage Hour Lawsuits Continue to Skyrocket — from The Wage and Hour Litigation Blog
• California Federal Court Relies on Comcast to Deny Class Certification of Off-The-Clock and Meal Period Claims — from Wage & Hour Counsel
• DOL Audits Will Rise With New Funding Increases — from Wage & Hour - Development & Highlights

Labor Relations

• Fact or Fiction: It’s ok to fire an employee for pro-union Facebook posts to NON-employees — from Eric Meyer’s The Employer Handbook Blog
• The Union Is Knocking at My Door: What Can I Say? — from Labor & Employment Law Perspectives
• NLRB Continues to Get in Your Facebook — from Trade Secret / Noncompete Blog
• Being Tricked into Firing an Employee is Not a Defense – More From the NLRB on Facebook Firings — from netWORKed Lawyers
• NLRB Administrative Law Judge Finds Medical Center’s Technology Usage Policies Violated Employees Rights Under the National Labor Relations Act — from Management Memo