Labor Relations / Unions

What plaintiff’s lawyers don’t want HR pros to know

08/11/2009

Want to know how to get under the skin of the lawyers who represent employees? Ask one. They won’t all cop to what sinks their cases, but attorney Whitney Warner did. Learn what she fears most when staring down an employer in court.

Tell bosses: Check anti-military bias at door

08/07/2009

Employers must deal with employees being called to military service, even if that forces them to do more work with fewer people during the current economic crunch. The Uniformed Services Employment and Reemployment Rights Act and the FMLA grant special rights to employees who also serve in the armed forces. Some managers may resent the burden the laws cause. Too bad.

Uncle Sam assumes Delphi’s pension obligations

08/07/2009

In a complicated settlement, the Pension Guaranty Benefit Corporation (PGBC) has assumed the pension obligations of auto parts manufacturer Delphi Corp., formerly owned by General Motors. Delphi, which recently closed plants in Ohio and other states, has been in bankruptcy the past four years. However, it has continued to make pension contributions.

What are the pros and cons of requiring staff to sign mandatory arbitration clauses?

08/06/2009

Q. My company is considering requiring employees to agree to an arbitration clause to resolve any employment disputes, including discrimination complaints. I have been told it is a good risk-management tool for avoiding high legal defense costs and big jury verdicts. Do you agree?

Company Records: What to Keep, What to Dump

07/21/2009

A records retention schedule ensures that an organization keeps the records it needs for operational, legal, fiscal or historical reasons, and then destroys them when they’re no longer useful. You have to know what you have and how long to keep it—legally and for your own business purposes—before you can establish an efficient records management system.

When labor, immigration laws clash, NLRB decides

07/17/2009

The Department of Homeland Security has authorized more raids on workplaces it suspects include undocumented workers—and employers, not the workers, are being charged with breaking the law. At the same time, the NLRB is pushing employers to settle unfair labor practice cases and ordering them to rehire employees terminated for exercising National Labor Relations Act rights. But what happens when those fired workers are actually ineligible to work?

Shelving of controversial ‘card check’ provision doesn’t mean union-friendly EFCA bill is dead

07/17/2009

Heavy criticism of the so-called “card check” has led supporters to step back from that most controversial piece of the Employee Free Choice Act. But you can still expect passage of some version of the law that could, among other things, speed up union elections, impose stiffer penalties on labor violations and allow workers to campaign at the work site without retaliation.

Know the limits of employee free speech—no need to tolerate out-of-line protests

06/26/2009

Employees have the right to voice concerns and complaints about perceived workplace discrimination. But employers have rights, too. Employees don’t have the right to communicate their concerns in ways that are disruptive, insubordinate or that otherwise violate reasonable company policies. You can punish employees who don’t play by the rules.

Can we prohibit employees from sharing salary information with one another?

06/26/2009

Q. Is it illegal for a company to prohibit employees from sharing salary and wage information?

Union pact overlaps with state law? Grievance comes first

06/11/2009

Are you a union employer with a collective-bargaining agreement that touches on labor issues also covered by the Minnesota Fair Labor Standards Act (MFLSA)? Then employees can’t go directly to court without first pursuing a union grievance.