Late last month, the 5th Circuit court of appeals in New Orleans ruled on another employer confidentiality policy, and the results should trouble employers everywhere.Read More
If scholarship athletes are employees, then they are likely owed minimum wage and overtime. This case has huge implications beyond collective bargaining.Read More
This decision displays a fundamental misunderstanding about social media. Nothing about social media is private. It is public, interactive, and immediate.Read More
Limiting discussion of trade secrets and other confidential, proprietary information is fine. Wages and other terms and conditions of employment, however, are off limits.Read More
If you're having a problem with workplace gossip, one solution you might want to avoid is a policy banning it outright, at least according to the recent opinion of an NLRB Administrative Law JudgeRead More
Class action waivers are legal, so long as employees cannot reasonably read them to restrict their right to file unfair labor practice charges with the NLRB.Read More
My favorite exchange from the oral argument illustrates my concern over the coercive nature of card-check recognition.Read More
Employees have an absolute right to discuss with each other how much they make. It is illegal to have a policy that prohibits wage discussions, or to fire an employee for engaging in such discussions.