Title

Workplace Information-Forcing: Constitutionality and Effectiveness

Publication Title

American Business Law Journal

Document Type

Article

Publication Date

Fall 2016

Abstract

"Know-your-rights" posters are ubiquitous in the American workplace, as employers are required by statute or regulation to display numerous notices about workers' rights on the job. These posters were relatively uncontroversial until a recent set of lawsuit by employer groups attempted, on statutory and constitutional grounds, to block rules that would require notices about workers' rights to form a union and bargain collectively. The lawsuits have produced mixed results in the courts. Using these recent cases, as well as the few prior cases that challenged other notice posting rules, this article addresses the constitutionality of workplace notice posting requirements. It then examines the effectiveness of notice posting rules considering how such rules might best be structured to accomplish their first-order goals of informing workers about their rights and their second-order goals of spurring enforcement action to improve the conditions of work.

Comments

External Links

Lexis Advance

Westlaw

SSRN

Recommended Citation

Charlotte S. Alexander, Workplace Information-Forcing: Constitutionality and Effectiveness, 53 Am. Bus. L.J. 487 (2016).

DOI

10.1111/ablj.12083

Volume

53

First Page

487

Last Page

536

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