from The Great Debate:

Asserting the Senate’s power

By Senator Roy Blunt
January 31, 2013

A three-judge panel on the D.C. Circuit Court of Appeals last week unanimously ruled that President Barack Obama violated the Constitution when he made recess appointments to the National Labor Relations Board (NLRB) last year.

from Alison Frankel:

Employee class actions okay, Concepcion doesn’t apply: NLRB

By Alison Frankel
January 10, 2012

The National Labor Relations Board stood up staunchly for the rights of employees Friday. In an 18-page ruling in a case called D.R. Horton, Inc. and Michael Cuda, the NLRB chairman and two members of the board held that a company may not cut off employees' rights to collective action through private arbitration agreements. The ruling does not say employees are always entitled to litigate claims via class actions, but concludes that "employers may not compel employees to waive their [National Labor Relations Act] right to collectively pursue litigation of employment claims in all forums, arbitral and judicial."

from Alison Frankel:

NLRB judge: Employees can bitch about their jobs on Facebook

By Alison Frankel
September 12, 2011

Note to disgruntled employees: you can't be fired for complaining about your job on Facebook. That's the upshot of the first ruling to address employees' use of social media by a National Labor Relations Board judge. Last week, in a case called Hispanics United of Buffalo, administrative law judge Arthur Amchan said HUB violated the National Labor Relations Act when it fired five employees who commiserated about their jobs on Facebook. Judge Amchan's ruling endorsed the NLRB's stance that employees are protected from retribution for job-related postings. "Discussions about the workplace are protected whether they occur at the watercooler or the virtual watercooler," said Laura Lawless Robertson of Greenberg Traurig, who sent out an alert about the NLRB administrative law judge's ruling Friday.