Skip to main content

What I’ve Been Reading This Week


Heading into the homestretch of November normally means things are slowing down a bit with hearings, trial, etc., but I have found myself traveling more over the past few weeks than normal.  While that has kept me tied up, I did take some time the past few days to read through a few articles worth pointing out to readers.  Of course, with the 2020 Presidential elections upcoming, I expect we will come across more articles on how the candidates stand on particular labor and employment law related matters.  Consider the below two articles on 2020 candidates as an appetizer.

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


The Danger of Allowing “Ok, Boomer” In the Workplace

The phrase “Ok, boomer” has started to become more pronounced in recent weeks, as millennials and Gen-Z use it as a term to deride and dismiss baby boomers.  The National Law Review weighed in last week and pointed out that if the phrase is used in the workplace, there is the risk of employers being liable for discrimination against workers because of their age.  (The Age Discrimination in Employment Act, and many state laws, prohibit discrimination against workers on the basis of their age.)  If the phrase “Ok, boomer” is allowed to seep into the workplace, it could form the basis for a discrimination or harassment claim.


Senator Bernie Sanders Earns Major Endorsement From Teachers Union

Last week, Vermont Senator Bernie Sanders earned the endorsement of United Teachers Los Angeles, an influential union in California.  The endorsement is striking for a few reasons:  This is the first teachers’ union to hand out an endorsement this election cycle, as well as the fact that the union has thrown its support behind Sanders rather than Senator Kamala Harris (one of the California’s Senators.)  Not to worry for Senator Harris though; she recently picked up the endorsement of the United Farm Workers.  With unions expected to play a major role in the 2020 Democratic nomination process, each union endorsement helps further establish a candidate’s claim as the ‘labor friendly’ choice for President.


7 Tips For Improving Workplace Culture

As any good Human Resources professional will tell you, creating (and maintaining) a positive, safe, and productive work environment is paramount to the continued success of a business.  An article was posted on Monday which identified seven tips for employers to implement to improve their workplace culture.  Now while the article has tailored several of the tips to those in the hotel and service industry, there are still a few useful ideas for readers, regardless of the industry in which you work.  One of the potentially more useful ideas has to do with implementing bystander intervention techniques to help quell harassing or threatening situates they arise.  While every tip might not be appropriate to implement in your workplace, this article should still serve as a helpful read.


Where the 2020 Candidates (and President Trump) Stand on Paid Leave

Paid leave has certainly been a topic of much conversation over the past few years, right?  (In fact, Wednesday’s Democratic Presidential debate featured a question within the first hour in which Senator Kamala Harris, Senator Amy Klobuchar, and Andrew Yang all weighed in on their support for paid leave.)  HRDive posted an article (updated through November 20th) which identifies where each of the 2020 candidates for President (as well as President Donald Trump) stand on paid leave.  (Apologies to Michael Bloomberg and Deval Patrick; this article only addresses the candidates that have formally announced their candidacies.)  While not everyone has an announced plan, the article does note whether a candidate has supported other proposals in the past or campaigned alongside politicians pushing a prior proposal.  Bear in mind that positions on the matter can (and likely will) change.  For the time being, this article should serve as a useful primer on the topic.


Updated: U.S. House of Representatives Passes Workplace Violence Bill

Yesterday, I made note of H.R. 1309, a workplace violence bill that was set for a vote in the U.S. House of Representatives.  In broad terms, the legislation seeks to provide greater protections for healthcare and social workers by requiring their employers to implement violence protection programs.  As the article from Business Insider reports, the legislation passed yesterday with a 251-158 vote in favor.  The legislation now moves over to the Senate for further debate, consideration, and possible vote.

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,...

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations

NLRB: Former Employee Cannot Be Barred From Work Premises After Filing Wage Suit

MEI-GSR Holdings, LLC - NLRB Facts :  MEI-GSR Holdings, LLC d/b/a Grand Sierra Resort & Casino ("GSR") operated a facility that included a hotel, casino, restaurant, clubs, bars, and a pool which were all open to the general public.  Tiffany Sargent ("Sargent") was briefly employed by GSR as a "beverage supervisor" in December of 2012.  After her employment ended, Sargent continued to socialize at one of the clubs.  GSR had a long standing practice of allowing former employees to patronize its facility and did not prohibit Sargent from doing so.  In June of 2013, Sargent and another employee filed a class and collective action against GSR for alleged unpaid wages, in violation of the Fair Labor Standards Act and Nevada law.  In July of 2014, GSR denied Sargent access to an event at one of the clubs.  GSR followed up with a letter and stated that with the on-going litigation (from the wage suit), it decided to bar Sargent from the premises. ...