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

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