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Photo by Kelly Sikkema on Unsplash In an earlier post we discussed how to respond to an unfair labor practice charge and how to respond to union organizing. However, many employees work in unionized work environments and feel that they would be better off without the union. Some examples are listed here: In the Friedrichs v. California Teachers Ass’n decision in 2014 (which resulted in a tie at the Supreme Court), Friedrichs, a California…
Photo by Marco Bianchetti on Unsplash Layoffs are terrible! A lot of employees are caught unaware that a company is not doing well while others cannot understand why they rather than someone else were let go. Why are we talking about layoffs and reductions in force when unemployment is 3.7%? Let me give you a couple of reasons. Store closures may top 12,000 in 2019 as 7,062 store closures have already been announced this…
Photo by Wesley Tingey on Unsplash The Supreme Court resolved 5 interesting labor and employment issues this year. The Justices also demonstrated that the Supreme Court is really good at reaching a consensus on employment issues (at least for this term) as 4 of these 5 cases were unanimous decisions. Mount Lemmon Fire District v. Guido The court found that state and local government are covered employers under the Age Discrimination in Employment Act irrespective…
Photo by Element5 Digital on Unsplash There are a lot of Democratic Candidates for president. As of today, there are 25 active Democratic candidates vying for the party’s nomination. Many of these candidates have not released specific proposals about their beliefs on employment and labor law issues. However, before tonight’s debate I wanted to outline some of the most interesting proposals of the candidates on labor and employment law and the workplace. $15 Minimum Wage…
Workplace safety is critical. Every worker deserves to work in a job where their safety is the top priority even if all dangers cannot possibly be eliminated. Workplace injuries are, unfortunately, too common. For the office workers in Scranton, PA their safety, and let’s be honest, professional work environment is always in jeopardy- this includes their boss not taking safety training seriously, and worse, being the cause of the workplace injury in question. (And…
Photo by Petr Sevcovic on Unsplash One of the biggest problems that many restaurants face is paying tipped employees. Wage and hour lawsuits in the restaurant industry are rampant. The Economic Policy Institute found that a 2010-2012 Department of Labor (DOL) compliance sweep of 9,000 restaurants revealed that 83.8% of restaurants had some wage and hour violation and the DOL recovered $56.8 million in this sweep. Unfortunately, many restaurants make mistakes in paying tipped employees,…
Photo by Agence Olloweb on Unsplash One of an employer’s worst nightmares is having a workplace incident. And the worst workplace incidents are the ones where the employer has no idea what to do. Fortunately, there are some things that employers can do to avoid this situation. Workplace investigations can be broken down into 3 different parts: 1) preparing for a problem before it occurs; 2) conducting the investigation; and 3) making a decision and…
Photo by Diego PH on Unsplash Some employers are caught off guard when they learn that their employees want a union. Many do not know what to do and, as we all know, being ignorant of the law does not mean that you cannot get in trouble. Many employers find themselves in legal hot water because they were not prepared and did not know what they could and could not do in a union organizing…
Photo by Markus Spiske on Unsplash I’m not going to name names here, but two of the men in my family are obsessed with March Madness (I’m looking at you Kent State & UC). I am pretty sure I’m not going to be able to speak with them until April 9th, and maybe even later, so they can process, appreciate, and get over the drama of March Madness. This is like a 2nd Superbowl for…
Photo by Sharon McCutcheon on Unsplash Ever since the 2015 Obergefell v. Hodges Supreme Court decision that legalized same sex marriage, lawsuits based on gender identity and sexual orientation discrimination have proliferated throughout the US. For example, in 2017 the Supreme Court decided not to hear a case on transgender rights, after it had initially granted certiorari and was planning to hear the case, once the Trump Administration rescinded a directive instituted by Obama. In…