Skip to main content

What I've Been Reading This Week


Lots of good articles this week.  It was tough to narrow things down given everything I came across.  One of my favorite articles dealt with harassment claims; specifically what employers can do to be proactive about it. 

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


What an Employer Can Do to Be Proactive About Sexual Harassment Complaints

Following a recent sexual harassment case out of California in which the jury returned a verdict for the employer, this article has a couple of good thoughts on what employers can do to be proactive about sexual harassment complaints in the workplace.  All too often, employers disregard sexual harassment complaints or fail to keep a record of any investigation that is done.  This article has three good suggestions on what employers can do to help ensure they are proactive about sexual harassment complaints, rather than being passive and dealing with a protracted legal battle.


(D) Congressman Bill Foster's Speech on Floor of U.S. House Opposing Right to Work Zones  

I came across a very interesting speech from an Illinois Congressman who gave a speech against Illinois Governor Rauner's proposed Right to Work zones.  For those keeping track, the proposed Right to Work zones have become somewhat contentious issues across the state as voters and communities discuss and debate the issue.  For those interested in the topic, this is a good counter argument to the proposed Right to Work zones.


6 Things to Keep in Mind When Dealing With Harassment Claims

Jeffrey Polsky always has some good articles that I come across.  This week was no exception.  Employers should pay close attention to this article as it provides 6 things that employers should consider when investigating harassment claims.  Well worth the read.


FLSA Kickback Rule: A Closer Look

This was one of the more thorough articles I have come across lately, specifically in regard to FLSA issues.  I think readers will enjoy the thoughts Doug Hass has on the FLSA Kickback Rule.  I do not come across too many articles on this issue, and when I do (especially with an article as well explained as this one), I want to make sure I highlight it for readers.

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

Distance in a Non-Compete Agreement Measured "As the Crow Flies"

Ginn v. Stonecreek Dental Care - Court of Appeals, Twelfth Appellate District of Ohio Facts :  Dr. R. Douglas Martin ("Martin") sold his dental practice to an employee who worked there, Dr. David Ginn ("Ginn").  In doing so, Martin and Ginn signed a contract for the sale which contained a non-compete provision that prohibited Martin from engaging in business "within 30 miles" of the practice for five years starting from October 2010.  While Martin initially stayed on and worked with Ginn for a period, the relationship subsequently deteriorated between the two and Martin went to work for another dental office.  The new dental office was less than 30 miles away when measuring the distance in a straight line.  However, when driving between the offices, the distance was more than 30 miles. Ginn filed a claim against Martin on the grounds that Martin breached the non-compete.   At the trial court level, the court found that "within 30 miles"...
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