The National Labor Relations Board is busy -- the Board came out late last week with a decision saying that employees can have access to their employers' email systems for organizing activities under most circumstances. David Phippen has the full story here.

Also, on Friday, the Board issued its final rule on "quickie elections." David is reviewing the new rule and will have a ...

The National Labor Relations Board has taken the position that many garden-variety employment policies violate the law. These rulings place employers in a “Catch 22”—if employers rescind the policies, they could have trouble defending themselves in unemployment cases, wrongful termination lawsuits, or before government agencies like the Equal Employment Opportunity ...

As everyone knows by now, the federal government shut down at 12 a.m. after the House and the Obama Administration failed to reach agreement on the Affordable Care Act. Essential activities, such as law enforcement, air traffic control, and Social Security payments, will continue as usual. But non-essential activities, which would include most of what our employment-law agencies ...

The National Labor Relations Board recently came out with a new smartphone app, in iPhone and Android versions. The Board had an app a few years ago, but you had to pay for it, and if I remember correctly, the price was in two figures. Because I am a cheapskate, I never downloaded it. The new one is free, as a government app should be, and I tested it this week on my iPhone 4. It's not terribly ...

Are you in retail, fashion, or marketing, and getting ready to reject a job candidate because he or she doesn't have the "look" you want?

You might want to look before you leap. Or before you have to go to trial in front of a California jury against the Equal Employment Opportunity Commission.

The apparel chain Abercrombie & Fitch is learning that the hard way.

Abercrombie was sued a while ago ...

By David Phippen, Fairfax Office

UPDATE: David's client bulletin analyzing the D.C. Circuit's Noel Canning decision is available here.

The U.S. Court of Appeals for the District of Columbia Circuit struck down today the "recess appointments" of Sharon Block and Richard Griffin to the National Labor Relations Board. Without Members Block and Griffin, most of the Board decisions ...

Well! OK!

It's been an interesting week, hasn't it? Congratulations to President Obama on winning a second term. My Election 2012 coverage would not be complete without some labor and employment prognostications for Obama Administration II.*

*Please do not read these again in 2016 to see how accurate I was. I don't want to be known as the Dick Morris of employment law bloggers.

All this week, while formulating my questions for our presidential and vice presidential candidates, I avoided reading what my fellow bloggers were asking because I wanted *sniff* to maintain my independence. Actually, I was afraid that their questions would be so good, I'd be tempted to "borrow" too much.

Lois Lane and I have to maintain our journalistic integrity.

Last night, I ...

Remember that one little bone that the National Labor Relations Board threw to employers on social media policies? The guidance was generally atrocious, but in the last memorandum of the Acting General Counsel a policy developed by Walmart was approved and attached.

I've suggested that employers use that Walmart policy as a go-by in developing their social media policies.

Well, now ...

If we don't laugh, we'll cry, right? In honor of Phyllis Diller, the queen of the one-liners, who died this week, and her counterpart, the great Henny Youngman, here is the latest labor and employment news - all in one-liners, of course.

"A bachelor is a guy who never made the same mistake once."

"Take my federal agencies -- please!" The National Labor Relations Board has taken the position ...