Rights of Labor v. Tyranny of Capital

I guess having a cop read you your Miranda Rights is infringing upon his Free Speech rights as well?

Corey Robin

Remember that National Labor Relations Board regulation instructing employers to post notices in their workplaces informing workers of their right to organize under the law? I described this regulation last year:

This is just a requirement that employees be informed of their rights. It doesn’t impose costs on employers, restrict their profits, regulate their operations: it just requires that working men and women be informed of their rights.

The business lobby, led by the Chamber of Commerce, has been challenging this regulation in court. Last year, it persuaded a Republican-appointed federal judge to strike it down. Last week, it had more success, persuading an even higher level of the judiciary—a three-judge panel of the 4th Circuit Court of Appeals—to strike down the regulation as an unconstitutional infringement on the liberty of employers. (It It turns out that last month another court of appeals ruled the same way.) even…

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