I read an article about a cocktail waitress who was fired for “not getting along with management” because she complained in an employee meeting about uniforms, the cold temperature, a lack of benefits, and reduced pay for special events. Management must have thought she was a pain, so they fired her two days later. That …
Read moreFire that employee for complaining about wages at your own peril revisited
Many employers are unaware of the National Labor Relations Act which provides protection to employees even though those employees do not belong to a union. A recent decision by an Administrative Law Judge shows just how far this can be taken. Walked off the job According to attorneys Robert T. Quackenboss, Kurt G. Larkin and …
Read moreYour nonunion employees are still protected by the National Labor Relations Act
There is a minefield awaiting many employers as the strength of the “gig” economy continues to grow. Many employers are interested in taking on workers to do contract work, thus avoiding the expenses that go with having employees. It often seems a simple solution, but as Uber has discovered, those relationship can be fraught with …
Read moreThe potential consequences of improper classification of independent contractors
We all know that the US Department of Labor and the Internal Revenue Service dislike the use of the Independent Contractor classification. Now the National Labor Relations Board has weighed-in as well and, guess what, they don’t like it either. Improper classification can lead to an unfair labor charge According to Richard J. Reibstein of …
Read moreIndependent Contractors and the National Labor Relations Board
Most good nonunion employers think that discipline is something done behind closed doors and is a private matter between the company and the employee. Sometimes if termination may be involved two managers from the company will participate in the meeting to insure accuracy of information. What if you had to let the employee have a …
Read moreThe right of an employee to have representation in a disciplinary meeting
Curt Schilling, former superstar turned ESPN announcer, was prominent in the news last week because he got fired for comments he made about the North Carolina “bathroom” law. (If you are not familiar with what that is you click here.) Many people may have thought that Schilling was protected in his comments, so what is …
Read moreAre employees protected from termination for social media posts?
It is a safe bet that most companies have, at some time, had an employee or two that they considered to be disloyal. In most cases the penalty for disloyalty most often applied is termination. Unfortunately today the National Labor Relations Board may disagree with you and that may embolden your employees. This was a …
The answer, like many in HR, is it depends on the circumstances. If you ask the NLRB they will tell you “No” if it interferes with an employee’s rights under the National Labor Relations Act. In fact recording of any kind, photographic or voice, has to be allowed baring some valid legal or business justification. …
Read moreCan you prohibit employees from taking photos at work?
The National Labor Relations Board recently rendered a decision that has many management side attorneys shaking their heads and wondering if this might open the door to union activity in some companies via their use of temporary staffing agencies. The case Browning-Ferris Industries, or BFI, runs a recycling operation that employees union workers. They also …
Read moreCould temporary workers become a hot bed of union activity?
You may recall that last year in January 2014 the football players of Northwestern University filed a petition with the National Labor Relations Board to have an election on the formation of a union. The grant-in-aid players felt they were being taken advantage of and wanted representation via a union. The university argued that the …
Read moreRest easy college football fans there will be no unions in the NCAA!