NLRB rushes to issue pro-union rulings before losing a majority
In a decision issued during 2010, the U.S. Supreme Court ruled that the authority of the five-member NLRB could not be delegated to a panel with fewer than three members. On August 27, the term of NLRB Chairman Wilma Liebman expired, leaving the board with only three members. Craig Becker, a former lawyer for the [...]
Social media and protected, concerted activity
Recently, the general counsel of the National Labor Relations Board (NLRB) issued several opinions addressing issues in connection with employees’ use of Facebook. In one case, a Wal-Mart worker referred to a manager as a “puta,” a derogatory Spanish word, on Facebook after an argument over store displays, and an Illinois bartender set forth his [...]
NLRB postpones its new federal notice
The Nov. 14, 2011 effective date of the requirement to post a new National Labor Relations Board (NLRB) federal notice has been postponed to at least Jan. 31, 2012, to allow additional time for preparation by employers, and to have a court decide a legal challenge to the new posting requirement. The poster required is [...]
Attacks on no-fault attendance policies — some employers’ worst nightmare
Many employers believe that the best attendance control system is some type of no-fault attendance policy. In the old days, personnel department employees and supervisors grilled absent employees as to the reasons for their absences, and based progressive discipline on whether or not there was just cause for absences. Later, these systems were found to [...]
The 2011 income tax credit for continuing to employ persons hired in 2010
Last year, Congress passed and the president signed the Hiring Incentives to Restore Employment (HIRE) Act. The HIRE Act created two tax benefits for employers hiring workers who were previously unemployed or only working part time. First, the HIRE Act provided for a reduction of 2010 payroll tax liability. An employer who hired certain unemployed [...]
Election to change labor and employment agenda
The Republican wave that swept over the country on Nov. 2, 2010 will not only change the balance of power in Congress, but also may cause President Obama to adjust his approach and his agenda during the final two years of his term. The GOP will end up gaining approximately 64 Democratic seats in the [...]
Supreme Court issues new employment privacy ruling
In City of Ontario v. Quon, (U.S. June 17, 2010), the U.S. Supreme Court addressed the issue of whether a government employer could read text messages sent and received on a pager the employer owned and issued to an employee. The employer had issued a policy that applied to all employees, including a reservation of [...]
Employers’ increasing use of credit checks generate legal issues
According to various surveys, a majority of employers run credit checks on at least some of their job applicants. But the numbers appear to be increasing each year, no doubt in part due to increasing concerns about violence, theft, and negligent hiring claims. Employers believe that such checks give them valuable information about an applicant’s [...]
Pay discrimination class action claims on the rise
Recently, a federal appeals court ruled that female employees of Wal-Mart may bring a nationwide class action for pay discrimination, in what is likely the largest class action in history. The case arose in 2001 when several current and former female employees sued Wal-Mart alleging that the company pays women less than men in comparable [...]
Tag, you (employers) are it!
For those of you who remember playing the childhood game of Tag, you might feel like you’ve just been “tagged” under the U. S. Department of Labor’s (DOL) new “Plan/Prevent/Protect” strategy. This new strategy is outlined in DOL’s Spring 2010 Regulatory Agenda and seeks to place increased responsibility on employers to take steps to ensure [...]
