Skip to main content

What I've Been Reading This Week


Even though I often see a lot of articles on smartphones in the workplace, I came across a very good article recently that I wanted to highlight.  Remember employers, you cannot have it both ways.  You cannot require (explicitly or not) that nonexempt employees check their smartphones for work related activities off the clock and then assume these employees are potentially not entitled to compensation for this extra time worked.

As always, below are a few articles that caught my eye this week.


Employers: Regroup for the New Year on Union Avoidance Strategies

Even though we are already a few weeks into 2015, it is never too late for employers to re-examine their union avoidance strategies (especially in light of the recent NLRB rulings that allow access to employer e-mail systems for union organization as well as the new "quickie election" rules).   This is one of the better written articles that I have seen on union avoidance recently and one that employers should review.  In particular, pay close attention to the suggestions on what employers can do to implement new strategies to combat unions in the workplace.


Employer Protocol for Weather Closures & Delays

Even though the article is titled "Is Your Organization Ready for Another Northeast Ohio Winter?", this is a good read for employers and employees everywhere.  The article has three thoughts that a proactive employer should consider and address for the inevitable work closure or delay because of weather.  This is certainly worth a review, even if to just confirm that there is a protocol in place to deal with these types of situations.


Are Smartphones a Pending Wage & Hour Violation Issue?

Tammy Binford has a very good article that calls attention to the potential wage & hour issues that employers could face from nonexempt employees checking their smartphones off the clock.  Many nonexempt employees have smartphones that enable them to access work e-mails (and take work phone calls) after they clock out.  Even if these employees are not required to use their smartphones for work once they clock out, many still do.  That creates potential wage & hour violations that employers could be liable for...

Comments

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, it was noted that emplo

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

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