NLRA

Divide and Conquer: Employers’ Attempts to Prohibit Joint Legal Action Will be Tested in Court

On Monday, October 2, the U.S. Supreme Court will hear arguments in the most consequential labor law cases to come to the Court in a generation, which could fundamentally alter the balance of power between millions of American workers and the people who employ them. So why are so few people paying attention? At first glance, the …

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Supreme Court opens its new term with a direct attack on workers’ rights

The Supreme Court returns next Monday from its summer vacation for the first full term where Neil Gorsuch will occupy a seat at the far end of the Court’s bench. And the Court will open this term with a trio of cases that are very likely to immunize many employers from consequences for their illegal …

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Want To Speak Out About Politics at Work? Here Are 3 Things You Need to Know.

In the past several months, there’s been a noted uptick in political speech at work. That speech has often made national news, from Sally Yates’ dismissal as interim attorney general to IBM workers organizing against their employer’s support of Donald Trump. In the early days of the Trump administration, the New York Taxi Workers Alliance’s strike against …

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NLRB Judge Rules Walmart Wrongly Fired Strikers

An administrative law judge at the National Labor Relations Board has ruled that Walmart retaliated against workers for participating in strikes. Walmart claimed that the workers’ actions were not protected under the National Labor Relations Act and that it was legitimate to fire the employees for violating the company’s attendance policy. Judge Geoffrey Carter ruled against Walmart. The ruling …

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The End of Jobs?

In a major victory for a long-running campaign,  port truck drivers at Pacific 9 Transportation in California have won the right to be considered employees under the National Labor Relations Act, and to form a union. That ruling, by Region 21 of the National Labor Relations Board, that the truckers had been misclassified as “independent contractors” …

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Fourth Circuit joins D.C. Circuit in striking down the NLRB’s embattled Notification of Employee Rights

The 4th U.S. Circuit Court of Appeals has affirmed an April 2012 decision of the U.S. District Court for the District of South Carolina (Chamber of Commerce v. NLRB, D.S.C., No. 11-cv-2516, 4/13/12), striking down the National Labor Relations Board’s (NLRB) controversial notice posting rule. The rule would have required most U.S private-sector employers — including most …

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What Workers Apparently Don’t Have a Right to Know

In most workplaces, it’s common to see a poster somewhere public – like a shared lunchroom – notifying employees of their workplace rights on issues such as equal opportunity and health and safety. Most workplaces don’t, however, have posters notifying employees of their rights (e.g. to form a union) under the National Labor Relations Act. And …

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Labor Law Loses Its Watchdog

The day-to-day application of key federal protections for workers’ collective bargaining rights is becoming paralyzed, say legal experts and union organizers, as employers across the country realize that a recent federal court decision effectively allows them to ignore the enforcement of the landmark National Labor Relations Act. The implementation of the New Deal-era law—which protects …

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Proposed NLRB Rule Requires Employers to Post Workers’ Rights

Most workers have seen notices about their right to a minimum wage or safe workplace posted in the company break room or elsewhere on the job. Employers are required to post those notices by federal law. But there is no requirement for employers to post any sort of notice about workers’ rights under the National …

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FedEx Threatens to “Destroy” Members of Congress

FedEx CEO Fred Smith’s arrogant campaign of threats and intimidation continued this week when his top spokesman threatened to take down members of Congress who oppose FedEx’s position on a key piece of legislation. When asked about FedEx’s multi-million dollar ad campaign against the legislation that is reported to launch on Tuesday, June 9, top …

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.