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What I've Been Reading This Week


Ensuring a DOL Audit Runs Smoothly

Jon Hyman re-posted this article a few weeks ago regarding how employers can ensure their books are in line in the event the Department of Labor ("DOL") does an audit of a company's wage and hour records.  Although common sense, it is important for employers to self audit themselves and confirm there are no irregularities or discrepancies.  Doing so can mitigate a potential issue if the DOL were to ever require an audit be done.


Employer Interrogations of Its Employees: Good Idea or Going Too Far?

This New York Times article has an interesting discussion of the use of interrogations by employers in regard to its employees.  While some employers use interrogations often (and bring in highly skilled interrogators), employers need to be aware of the risks and potential lawsuits which can arise when they interrogate their employees. 


The UAW's Election Objection: Updated

Recently, the United Auto Workers Union attempted to unionize Volkswagen in Tennessee.  The UAW lost that election, 712-626, and consequently filed objections to the election based upon conduct of Tennessee politicians and "outside" groups.  The NLRB Acting Regional Director just issued an order that will now allow two groups of VW workers opposed to the UAW to intervene in a hearing on the UAW's attempt to set aside the election results.

Note that under the National Labor Relations Act, a union that loses an election can petition the NLRB for another election one year after the NLRB certifies the election results.  However, the NLRB cannot certify an election until all objections are resolved. Interesting dilemma here for the UAW...delay things further and carry on with the objection or withdraw the objection and start the year countdown clock sooner?  

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What I’ve Been Reading This Week

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Utah Non-Compete Bill Falters in House

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