Workplace Information Forcing: Constitutionality and Effectiveness

35 Pages Posted: 27 Apr 2016 Last revised: 14 Dec 2016

See all articles by Charlotte Alexander

Charlotte Alexander

Georgia State University – Institute for Insight; Georgia State University College of Law

Date Written: 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 lawsuits 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.

Keywords: employment law, labor law, workers, employees, notices, notice posting rules, right to know, workers' rights

JEL Classification: J50, J58, K31

Suggested Citation

Alexander, Charlotte, Workplace Information Forcing: Constitutionality and Effectiveness (2016). American Business Law Journal, Vol. 53, 2016, Georgia State University College of Law, Legal Studies Research Paper No. 2016-26, Available at SSRN: https://ssrn.com/abstract=2770082

Charlotte Alexander (Contact Author)

Georgia State University – Institute for Insight ( email )

Tower Place 200, Third Floor
3348 Peachtree Road NE
Atlanta, GA 30326
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Georgia State University College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

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