Independent Contractors and the National Labor Relations Board

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 …

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Can you ban political discussions in the workplace?

We are but three months away from knowing who will be the new chief executive in the White House. Given the political discourse to date that could end up being a long three months. Both sides have been vocal, physical at times, and most workplaces would not be the appropriate forum for those kinds of …

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The NLRB trashes positive workplaces as being unfriendly to unions

In what can only be described as an absurd decision the NLRB has punished a company for having a “positive workplace” statement in their employee handbook. T-Mobile’s language This case involved the communications company T-Mobile which has union employees. According to attorney Christopher Grey, of  Wickens, Herzer, Panza, Cook & Batista Co. “The NLRB has …

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The right of an employee to have representation in a disciplinary meeting

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 …

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Are employees protected from termination for social media posts?

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 …

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If you use Independent Contractors are you free from union trouble?

The logical answer to that question would normally be “yes.” Unions are groups of employees that have gathered to provide them the opportunity to deal with wages, hours and working conditions, but if you have been paying attention you know the National Labor Relations Board has been working hard to extend their domain into non-union …

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What can you do with a disloyal employee?

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 …

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Can you prohibit employees from taking photos at work?

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. …

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Could temporary workers become a hot bed of union activity?

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 …

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Rest easy college football fans there will be no unions in the NCAA!

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 …

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