At least some good has come out of the Supreme Court’s finding that President Obama’s recess appointments were invalid in Noel Canning. By virtue of the Supreme Court’s decision, the Labor Board reconsidered its decision in Fresenius USA (pdf) and concluded that an employer acted lawfully when it discharged a union supporter for lying
National Labor Relations Act Section 7
NLRB Clarifies Position On At-Will Disclaimers
By Jeffrey D. Polsky on
Posted in Employment Litigation
Last July, I wrote about efforts by the National Labor Relations Board to argue that certain language in at-will provisions violated section 7 of the National Labor Relations Act. As of yesterday, the NLRB has clarified its position on at-will disclaimers. In doing so, the Board specifically approved a provision saying that the employee’s at…
Is the NLRB Going After At-Will Provisions?
By Jeffrey D. Polsky on
Posted in Employment Litigation
Fresh off its efforts to dictate what can and can’t be in a social networking policy, to bar class action waivers in arbitration agreements, and to require all employers to post notice regarding rights to organize, the National Labor Relations Board is now claiming that common language in at-will provisions may constitute a…