Court: NLRB went beyond its limits
A federal Court of Appeals has ruled that the National Labor Relations Board (NLRB) went beyond its limits in demanding that companies post a notice informing employees of their union rights.
The controversial "poster rule" would have required most employers to put up posters titled "Employee Rights Under the National Labor Relations Act." Failure to put up the poster would be an "unfair labor practice" under the Act, also known as the NLRA.
A three judge panel of the DC Circuit Court of Appeals said an employer has a right not to speak, and therefore this requirement was both unconstitutional and contrary to the speech protections included in the NLRA.
The poster, created by the NLRB, was supposed to be displayed in workplaces in November 2011, but was delayed due to court challenges. The successful challenge was brought by the National Association of Manufacturers (NAM) and other business groups.
NAM's President and CEO Jay Timmons, in a news release, called the ruling "an important victory in the fight against an activist NLRB and its aggressive agenda." He called the NLRB "a government agency that seeks to fundamentally change the way employers and employees communicate. The ultimate result of the NLRB's intrusion would be to create hostile work environments where none exist."
Apparently, the Court of Appeals also recognized the threat posed by the rule.
So for now, most employers (in California and throughout the US) do not need to display the NLRB poster on the right to organize.
The ruling may raise questions about other mandated postings on both the federal and state level. Posters required by other rules (such as a similar poster required for federal government contractors) and other posters mandated by state law should remain hanging, unless and until a court throws out those requirements as well.
New I-9 requirements
You may already know that there is a new I-9 form that all US employers must use.
What you may not know is that it now must be completed no later than the FIRST DAY the employee works. The old rule was it had to be done within 3 days after the start of employment.
To find the new form, go to the website of the US Citizen and Immigration Services, www.uscis.gov/i-9 and click on the link "Download Form 1-9."
Storrow can be reached at [email protected]. This article is intended as general information only and should not be relied upon as legal advice.
A federal Court of Appeals has ruled that the National Labor Relations Board (NLRB) went beyond its limits in demanding that companies post a notice informing employees of their union rights.
The controversial "poster rule" would have required most employers to put up posters titled "Employee Rights Under the National Labor Relations Act." Failure to put up the poster would be an "unfair labor practice" under the Act, also known as the NLRA.
A three judge panel of the DC Circuit Court of Appeals said an employer has a right not to speak, and therefore this requirement was both unconstitutional and contrary to the speech protections included in the NLRA.
The poster, created by the NLRB, was supposed to be displayed in workplaces in November 2011, but was delayed due to court challenges. The successful challenge was brought by the National Association of Manufacturers (NAM) and other business groups.
NAM's President and CEO Jay Timmons, in a news release, called the ruling "an important victory in the fight against an activist NLRB and its aggressive agenda." He called the NLRB "a government agency that seeks to fundamentally change the way employers and employees communicate. The ultimate result of the NLRB's intrusion would be to create hostile work environments where none exist."
Apparently, the Court of Appeals also recognized the threat posed by the rule.
So for now, most employers (in California and throughout the US) do not need to display the NLRB poster on the right to organize.
The ruling may raise questions about other mandated postings on both the federal and state level. Posters required by other rules (such as a similar poster required for federal government contractors) and other posters mandated by state law should remain hanging, unless and until a court throws out those requirements as well.
New I-9 requirements
You may already know that there is a new I-9 form that all US employers must use.
What you may not know is that it now must be completed no later than the FIRST DAY the employee works. The old rule was it had to be done within 3 days after the start of employment.
To find the new form, go to the website of the US Citizen and Immigration Services, www.uscis.gov/i-9 and click on the link "Download Form 1-9."
Storrow can be reached at [email protected]. This article is intended as general information only and should not be relied upon as legal advice.