Join us for our 10th Annual Labor & Employment Law Seminar where our attorneys will lead interactive discussions on the latest issues impacting your business.

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Event Details

8:00 AM-12:00 PM
Thursday, April 26, 2018
The Omni William Penn Hotel
530 William Penn Place
Pittsburgh, PA 15219
Thursday, May 3, 2018
Hershey Country Club
1000 East Derry Road
Hershey, PA 17033
Thursday, May 10, 2018
The Franklin Institute
222 North 20th Street
Philadelphia, PA 19103

Cost: No Charge

CLE & CPE credits available

Continue Reading 10th Annual Labor & Employment Law Seminar

For employers, the tide is making its long awaited turn in our nation’s capital at the National Labor Relations Board (“NLRB”). Last week, the NLRB reversed precedent on four significant rules that were widely viewed as favorable to unions and a proverbial thorn in the side of employers and the business community. Here is a snapshot of last week’s activity:  Continue Reading ‘Tis the Season for Employers: NLRB Reverses Course with Four Key Rulings

By: Melissa C. Angeline

In its October 5, 2011 press release, the National Labor Relations Board states that it has postponed the November 2011 deadline for employers to post the “Employee Rights Under the National Labor Relations Act” notice. As previously reported, the Board recently established a rule requiring most private-sector employers to post a notice of employee rights as of November 14, 2011. The Board later published the 11 x 17 inch poster on its website.

The Board explained that it decided to postpone the deadline “in order to allow for enhanced education and outreach to employers,” and thereby “ensur[e] broad voluntary compliance” with the rule. According to the Board, this decision “follow[s] queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction.”

However, the Board cautioned that the postponement should not be viewed as a sign of impending change or reversal of the rule, stating that “[n]o other changes in the rule, or in the form or content of the notice, will be made.”

This postponement will not affect pending federal lawsuits seeking to invalidate the rule. However, this delay will provide valuable time for the courts to decide whether to enjoin the rule before the new effective date of January 31, 2012.

At this point, employers need not post the notice contained on the Board’s web site, and may postpone or put on hold any orders of pre-packaged employment law posters containing the Board notice. Employers should continue to check our blog as the deadline for new developments approaches.

Melissa C. Angeline is senior counsel in the Labor & Employment Group of Cohen Seglias Pallas Greenhall & Furman PC. She concentrates her practice on representing and counseling employers in all aspects of employment law.

The National Labor Relations Board has published its new poster, titled “Employee Rights Under the National Labor Relations Act.” As previously reported on our blog, the Board recently adopted a new rule requiring private employers to post a notice informing employees of their rights under the National Labor Relations Act (“NLRA”). The poster is available for downloading on the Board’s website, and in hard copy from the Board’s regional offices.

The poster informs employees of their right to act together to improve wages and working conditions; to form, join and assist in a union; to bargain collectively with their employer; and to refrain from these activities. The Board also has added a question and answer section to its website, noting that “[s]imilar postings of workplace rights are required under other federal workplace laws.”

This new posting requirement has generated substantial controversy among private-sector employers and business associations. The U.S. Chamber of Commerce has launched a radio ad campaign titled “Common Sense,” and has also sued the Board in an effort to block the posting requirement. The U.S. Chamber of Commerce has argued in its lawsuit that the Board’s rule is unlawful and exceeds the Board’s authority. Among other things, they argue that the posting requirement and creation of a new unfair labor practice for employers violating the rule, exceed the Board’s authority. Other organizations, including the National Manufacturing Association and the National Federation of Independent Business, have brought similar suits against the Board.

As of this date, the courts have not taken any action to delay or reverse the Board’s posting requirement. Unless informed otherwise, employers should be ready to post the notice when it becomes effective on November 14, 2011.

Melissa C. Angeline is senior counsel in the Labor & Employment Group of Cohen Seglias Pallas Greenhall & Furman PC. She concentrates her practice on representing and counseling employers in all aspects of employment law.

By: Melissa C. Angeline

On August 25, 2011, the National Labor Relations Board announced a new rule that requires private employers to post a notice of employee rights under the National Labor Relations Act (“NLRA”). By November 14, 2011, all employers covered by the Act must post the notice Post.jpgdeveloped by the Board in each workplace, and post the notice electronically on any internet or intranet sites where other personnel rules or policies are posted. This new rule applies to all private-sector employers, with the sole exception of agricultural employers and several other employer types not subject to the NLRA.

The Board has stated that its notice will be similar to the Department of Labor’s Notice of Employee Rights Under the National Labor Relations Act, which is mandatory for federal contractors. According to the Board, “the notice states that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities. It provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.” Employers will be able to download the notice through the Board’s internet site (www.nlrb.gov), and obtain copies from the Board, by November 1, 2011. Failure to post the notice may be used as evidence of an employer’s unlawful motive in other Board proceedings, and will constitute a separate unfair labor practice. Also, failure to post the notice could have the effect of waiving the employer’s defense that an unfair labor practice brought more than 6 months after the event at issue was filed too late and should be dismissed.

We expect that employers will aggressively challenge this rule and pursue this issue up to the Supreme Court. In the meantime, employers should be ready to post the notice when it becomes effective on November 14, 2011.

Melissa C. Angeline is senior counsel in the Labor & Employment Group of Cohen Seglias Pallas Greenhall & Furman PC. She concentrates her practice on representing and counseling employers in all aspects of employment law.