The NLRB and Boeing: The Life and Death Consequences

For the first time I can recall, the NLRB is being talked about as part of the election campaign. No NLRB case is talked about more than Boeing.

In Boeing, the Company had a plant in Washington that had capacity.  Rather than using that capacity for new work, Boeing decided to build a new plant in South Carolina and do the work there. Continue reading The NLRB and Boeing: The Life and Death Consequences

Union Posting For Certain Government Contractors and Subcontractors

Important: The NLRB’s delay of effective date of union posting rule for all employers from November 14, 2011  to January 31, 2012 does not affect OLMS union posting rule applicable to certain federal government contractors and subcontractors.  The OLMS rule remains in full force and effect.

This blog should not be construed as legal advice, as establishing an attorney-client relationship or as pertaining to specific factual situations.

Profits Down? Your Risk Aversion May Be High

From www.weknownext.com:

Profits Down? Your Risk Aversion May Be High.

by Jonathan Segal on October 5, 2011

There has been an astronomic increase in employment litigation. The result is that there is almost an apoplectic fear of litigation. Indeed, because the cost of litigation can be so high, sometimes we try to avoid risk at all cost.

But we cannot avoid risk. It is not a question of risk avoidance, but rather risk selection.

Continue reading Profits Down? Your Risk Aversion May Be High

You’re In Without Urine

A drug user is required to provide a urine specimen as part of an employer’s consistently-applied drug testing program. The individual claims that he or she cannot because he or she has “Shy Bladder Syndrome,” technically known as paruresis. Paruresis is an anxiety disorder as a result of which an individual cannot provide a urine specimen in public places or in close proximity to others.

Is the applicant or employee with paruresis entitled to a reasonable accommodation?  Under a recent EEOC informal opinion letter, the answer may be “yes.” http://www.eeoc.gov/eeoc/foia/letters/2011/ada_definition_disability.html Continue reading You’re In Without Urine

Every Day May Be Labor Day At The NLRB But…

On this Labor Day, it is tempting to rail against the NLRB. The reality is that, at the NLRB, every day is labor day.

While employers have good reason to be concerned about the NLRB, employers cannot forget how important our employees are to our success.  As the New York Times accurately noted yesterday, without engaged employees,  an employer is less successful economically. Happier people do work harder! Continue reading Every Day May Be Labor Day At The NLRB But…

Avoid Wage and Hour Tsunami Following Hurricane

Reminder of wage and hour rules:

1. As a result of the FLSA’s salary basis requirement, if as a result of the hurricane, you close for less than a full work week, you must pay an exempt employee for days that you are closed (unless an employee did not do any work for the company in the work week). However, you can require that an exempt employee use PTO during a day in which you close. Continue reading Avoid Wage and Hour Tsunami Following Hurricane