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What I’ve Been Reading This Week


Closing in on the end of the year has me rushing to tie up some loose ends in the office and get a few things off my desk before the start of the new year.  Before I post next week’s ‘What I’ve Been Reading This Week’ post in which I will highlight some of the more popular/noteworthy topics from 2018, I think it is appropriate to first take the time to note a few articles this week that readers would enjoy reading through.

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


In A Tight Labor Market, Some Employers Are Offering Additional Benefits to Retain (& Attract) Employees

Let us call this article from RestaurantDive one of the best articles I have come across in recent weeks.  Many employers have likely noticed that the labor market has gotten rather tight in some industries, especially in hourly wage positions such as the fast food industry.  The issue that has started to confront many employers is how to retain (& attract) employees as the available pool of workers has shrunk.  With employee turnover causing restaurants on average over $160,000.00 annually, taking steps to retain employees is paramount to the financial success of many in this industry.  In the article, Alicia Kelsey writes that some employers have started offering mentorship programs for their workers, including McDonald’s “Where You Want To Be” program and Jersey Mike’s “STAY” program, in an effort to cultivate a sense of loyalty among employees and ‘groom’ the cream of the crop for a future with their employers.  Other employers have taken to offering paid parental leave to help their employees manage their personal lives with their job responsibilities.  While the article does not offer a clear cut way for employers to manage and retain their workforce (oftentimes comprised of those from Generation Z), there are some helpful ideas that are worth a review.

Company Terminates Three Employees For Facebook Pictures Amidst California Fire

Last weekend, Bigge Crain & Rigging Co. announced it had terminated three of its employees after they posted pictures on Facebook while working at a site in the Town of Paradise, which had been devastated by the recent fire in California.  The pictures included one employee ju,ping through a burnt out trampoline, a dead cat with a beer bottle in its mouth, and another with two of the employees pretending to go for a drive while sitting in the charred remains of an RV.  Controversy arose when these pictures became public and calls for the employees to be terminated quickly escalated.   Employees, use this unfortunate story as a timely reminder that posting pictures on social media (especially ones as reprehensible as these) is never a good idea.  Think before posting pictures on social media...your job depends on it.

Do You Require A Working Interview For Job Applicants? You May Owe Them Compensation

Earlier this week, Janette Levey French wrote a brief note which suggested that employers that require job applicants to participate in a working interview may owe these applicants compensation under the Fair Labor Standards Act (“FLSA”).  As Janette points out, the Department of Labor has noted that applicants are protected under the FLSA and therefore entitled to compensation when an “interview” requires the applicant to demonstrate how they would perform the work required for the particular position.  Employers:  tread carefully here.

UK Court of Appeal Rules in Favor of Uber Drivers Being Classified As Workers (Rather Than As Self-Employed)

The UK Court of Appeal recently ruled in favor of Uber drivers James Farrar and Yaseen Aslam, holding that they are employees working for Uber, rather than being self-employed.  (The UK Court of Appeal's ruling comes in the wake of a 2016 ruling that held that Uber should treat its UK drivers as workers entitled to benefits such as minimum wage and holiday pay).  While this ruling from across the pond will probably not tip the scales, either way, in the employee vs. independent contractor dispute here in the US, it is likely give those in the gig economy a reason for optimism as the employee vs. independent contractor dispute plays out further over here.

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