Skip to main content

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?  

Comments

Post a Comment

Popular posts from this blog

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,...
Post a Comment
Read more

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...
Post a Comment
Read more

New Jersey Governor Chris Christie Vetoes Minimum Wage Hike

A few months ago, readers might remember that I pointed out that the New Jersey Legislature had voted to approve a minimum wage hike in the state .  Under the approved legislation, the minimum wage rate would rise to $10.10/hour in the next year and at least $15/hour over the next five.  (The current minimum wage rate in the state is $8.38/hour).  In that article, I had noted that the bill was then going to go before Governor Chris Christie for his approval or veto. As I had suggested previously, I thought that the Governor would likely veto the bill based upon his prior actions and comments on similar legislation.  Well, a few days ago, Governor Christie did just that and vetoed the bill on the grounds that it "would trigger an escalation of wages that will make doing business in New Jersey unfathomable."  Pointing to the increase in hourly minimum wage rates, the Governor referred to the bill as a "really radical increase."  (It is interesting to c...
Post a Comment
Read more