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What I've Been Reading This Week



Prengant Employees: What Accomodation is Required?

The underlying case, Young v. UPS, centered on a pregnant employee who was fired from UPS and sued on the grounds that UPS discriminated against her in violation of the Pregnancy Discrimination Act because she was not allowed to do light duty work, even though she was pregnant.  Judgment has been granted in the lower courts in favor of UPS.  This is a case to keep an eye on as it could be picked up by the Supreme Court.


Potential Employees & Facebook - Good or Bad Indicator of Future Job Performance?

This article examines a new study that had recruiters examine the content of different Facebook pages of graduating seniors and predict the future job success of those seniors based solely on what the recruiters saw on the Facebook pages.  Contrary to the results of prior research, this study found no correlation between the Facebook pages and the success of the employees in their jobs.


Fiat Buys Chrysler - How Will it Impact Labor Relations?

USA Today discusses the recent purchase by Fiat of the United Auto Workers' remaining 41.46% stake in Chrysler.  It will be interesting to watch this unfold and see what impact, if any, it will have on labor relations.  This is one to keep an eye on.



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NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum, it was noted that emplo
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What I’ve Been Reading This Week

A few years ago, I remember when the “Fight for $15” movement was taking off around the country.  Lo and behold, it appears that a $15/hour minimum wage is not the stopping point, which should be no surprise.  As the below article notes, New York is aggressively moving to ramp up hourly wage rates even higher.  While all the  below articles are worth a read, I called particular attention to that one. As always, below are a couple article that caught my eye this week. Disney World Workers Reject Latest Contract Offer Late last week, it was announced that workers at Disney World had rejected the most recent contract offer from the company, calling on their employer to do better.  As Brooks Barnes at The New York Times writes, the unions that represent about 32,000 workers at Disney World reported their members resoundingly rejected the 5 year contract offer which would have seen workers receive a 10% raise and retroactive increased back pay.  While Disney’s offer would have increased pa
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Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies in the state, to per
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