Skip to main content

What I’ve Been Reading This Week


One of the more timely articles that many readers will likely find useful is from The Wage & Hour Insights blog that addresses when an employer is required to pay employees when the office/workplace is closed because of weather.  While all of the below articles are well worth reading, this article in particular is well worth a review.

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


Work Closed Because of Weather...So Are Employees Entitled to be Paid? Well, It Depends...

Every year, some part of the country inevitably gets hit with a major storm whether it be a hurricane, tornado, blizzard, etc. that results in employers having to close down the workplace/office for a period of time.  The question then arises, “Are the employees entitled to pay when the office/workplace is closed?”  As Bill Pokorny writes, the answer depends in part on whether the employee is exempt or non-exempt.  In particular, for those in the mid-west that have been dealing with wind chill temperatures of -50* this week, this article is worth a read.


Decertifying a Union? Let Us Start With the Basics

As those in the labor law field know, if there is a union in place at the workplace that is certified under the National Labor Relations Board, employees have the right to do a decertification campaign.  In essence, a decertification campaign allows for employees to call for a special election to get rid of the union as their “exclusive representation”.  However, at the outset, an employer or their HR department is limited in what steps can be taken to assist with the decertification campaign.  As this article walks readers through, there are several things employers can lawfully do to assist with a decertification campaign without running afoul of the National Labor Relations Act.  Well worth a read for a refresher or those simply looking to learn more about unions in the workplace.


(Smartly) Managing An Absent Employee

Quite simply, this article from Suzanne Lucas should be required reading for all employers and those in the HR field.  We have all dealt with sick employees at one point or another (or been sick ourselves and unable to show up for work).  As Suzanne writes, there are several things employers would be wise to do when dealing with time off for sick employees, such as actually providing paid time off, having a clear policy in place for how/to whom sick employees are to notify of an illness, as well as ensuring compliance with the Family Medical Leave Act and any related state law in regard to paid leave.

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