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Employers, Take a Good Look at your Social Media Policy
Posted by Attorney Roger L. Pettit in Human Resources, Technology / Comments
As social media participation increases, particularly Facebook and Twitter, it’s becoming more important for employers to have a social media policy in place. Equally important however, is ensuring that the policy isn’t overbroad and violates the National Labor Relations Act (“Act”). Last month the NLRB Acting General Counsel Lafe Solomon issued his third report detailing seven cases of illegal or overbroad employer social media policies that violated the Act.The ...
Read MoreNLRB Continues to Target Non-Union Employers, by David McClurg
Posted by Attorney Roger L. Pettit / Comments
Despite court rulings blocking implementation of NLRB Rules requiring the posting of employee rights under the National Labor Relations Act and “quickie” union elections , Obama appointees on the NLRB continue to boldly push a blatantly pro-employee agenda designed to encourage action by non-union employees. Last week the Board launched a website specifically designed to educate employees about their right to engage in “protected concerted activities” including the ...
Read MoreSupreme Court: Pharmaceutical Reps Not Entitled to Overtime Pay under the FLSA
Posted by Attorney Roger L. Pettit in Human Resources / Comments
In Christopher et. al. v. SmithKline Beecham Corp. the Supreme Court ruled Monday that pharmaceutical representatives aren’t entitled to overtime under the Fair Labor Standards Act (FLSA) (Click on the this link for the opinion: http://www.supremecourt.gov/opinions/11pdf/11-204.pdf). The FLSA overtime requirement does not apply to workers who are considered “outside salesmen” under 29 U.S.C. 213(a)(1). For the discussion of the definition of “outside salesmen”, see page 1 of ...
Read MoreThinking Outside the Box: Can Unusual Pro-Employee Policies Benefit the Workplace? By Roger L. Pettit
Posted by Attorney Roger L. Pettit in Employer-Employee Relationship, Human Resources, Business Management / Comments
I recently received a blog article entitled “Counter Intuitive Company Policies That Actually Work”. Please click on the following link to read the article: http://www.onlinemba.com/blog/20-counterintuitive-company-policies-that-actually-work/. In this and future posts, I intend to address a number of the twenty (20) unusual workplace policies from my perspective. I welcome your comments, pro and con, with respect to the viability of the policies.The first “Counter Intuitive” policy is the “No Vacation” policy. The ...
Read MoreNLRB’S QUICKIE ELECTION RULE FOUND INVALID
Posted by in Employer-Employee Relationship, Business Management, Labor Relations / Comments
In a previous post, we discussed the NLRB pushing ahead on the “Quickie Election” rule, despite protests and opposition of Board member Brian Hayes. At the November 30, 2012 public meeting and voting for the final rule Hayes did not participate in the vote. The other two members voted to approve the rule and as such on December 22, 2011, the NLRB ...
Read MoreRules Requiring that Injured Employees Demonstrate 100% Recovery Before Being Allowed to Return to Work Likely Violate the ADA
Posted by Attorney David McClurg in Employer-Employee Relationship, Human Resources, Business Management / Comments
In the past, some employers have required that an injured employee provide a doctor’s slip indicating that they could return to work “without restrictions” or that they were “100% healed” from the injury before the employee would be allowed to return to work. Although employees denied permission to return to work based on such rules sometimes pursued claims against their employers asserting that the employer improperly “regarded” them as disabled, ...
Read MoreNow Employers Have to Worry About the Federal Trade Commission
Posted by Attorney Roger L. Pettit in Business Management, Technology, Labor Relations / Comments
A few years back I prepared a handout for a seminar on effective employment practices. In the handout I listed what I hoped would be a complete litany of laws that affect employers and employees in the work place. The list of at least 27 different laws is reproduced below.Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. 2000(e), et. seq.;Civil Rights Act of 1991;AmericansWith Disabilities ...
Read MoreNLRB POSTING RULE AGAIN DELAYED
Posted by Attorney David McClurg in Business Management, Labor Relations / Comments
We have yet another turn in the saga of the controversial NLRB Rule requiring employers to post a notice of employee rights under the National Labor Relations Act. After two previous delays in the implementation date motivated by requests from one of the federal courts considering challenges to the NLRB’s authority to require employers to post such notices, the Rule was set to become effective on April 30, 2012.A ...
Read MoreNLRB POSTING UPDATE - YOU MAY HAVE TO POST BUT THE CONSEQUENCES FOR NOT DOING SO ARE MINIMAL
Posted by Attorney Roger L. Pettit in Business Management, Labor Relations / Comments
In previous blog posts we have discussed the National Labor Relations Board’s new posting rule (the Final Rule) which has been delayed several times. The delays were, in part, because of lawsuits filed by various employer groups who challenged The Final Rule on several grounds. The primary challenges included arguments that being required to post the NLRB’s notice violated the employer’s First Amendment Rights; that the Final Rule was ...
Read MoreLEGAL CHALLENGES TO NLRB POSTER RESULTS IN FURTHER DELAYS
Posted by in Employer-Employee Relationship, Business Management, Labor Relations / Comments
The NLRB has once again delayed the date that its somewhat controversial poster, required by the NLRB to be posted in all workplaces, must be posted. As noted in prior blog posts, the poster was originally to be posted on or before November 14, 2011. Legal challenges to the rule requiring the poster were filed, and as such the NLRB delayed its posting date to January 31, ...
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