The National Labor Relations Board announced yesterday afternoon that it has pushed back its deadline for covered employers to post this notice, advising employees how to form a union, among other things.
More details, including the new deadline, after the jump…
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Your business drug tests job applicants as a condition of employment. What would happen if a male applicant refused to take a urine test because he claimed that he had paruresis, otherwise known as “shy bladder syndrome” or “bashful bladder syndrome”? Would you have to accommodate the applicant with a different type of drug test? Or could you just refuse to hire the applicant?
The EEOC recently addressed this topic and I have the answer — along with some self-deprecation — after the jump…
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The other day, I came across this great article on ESPN.com, which outlines all of the social-media policies currently in effect for several sports leagues worldwide. What struck me most is that several organizations, including the NCAA, have no social-media policies for their athletes. And at the other end of the spectrum, the Ultimate Fighting Championship actually rewards its athletes based on number of Twitter followers.
This further supports a point that I like to hammer (e.g., here and here): ultimately, for any business, a social-media policy is never a “one-size-fits-all.” Instead, the social-media policy — and all companies should have one — must be tailor-fit to the objectives and goals of the company.
For additional insight into drafting social media policies, I suggest Think Before You Click: Strategies for Managing Social Media in the Workplace.
Last week, a National Labor Relations Board Administrative Law Judge (ALJ) ruled, for the first time, that an employer could legally fire an employee based on Facebook activity. In Karl Knauz Motors, Inc. d/b/a Knauz BMW and Robert Becker, the ALJ okayed a BMW dealership firing an employee who posted pictures (accompanied by some snarky comments) about a neighboring Land Rover dealership.
So what’s up with the title of this blog post? And why should employers be concerned with this decision? Find out after the jump…
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Mach·i·a·vel·li·an [mak-ee-uh–vel-ee-uhn] adjective
- of, like, or befitting Machiavelli.
- characterized by subtle or unscrupulous cunning. He resorted to Machiavellian tactics in order to get ahead.
Today is Rosh Hashanah (ראש השנה), the Jewish New Year. I’m Jewish. So, I’m not taking a deposition today. And if you are involved in a case with Jewish parties or attorneys, you shouldn’t be either.
However, according to this article, these plaintiff’s attorneys didn’t get the memo. So, defense counsel filed this motion. And the Court entered this Order, rescheduling the deposition and sanctioning the plaintiff’s attorneys “in an amount to be determined.”
Oy vey and L’shanah tovah.
Frankly, Anthony Weiner ain’t got nothin’ on this Weiner.
The EEOC announced on Monday that it had sued Nu-Way Weiners, one of the oldest hot dog restaurants in the country, on behalf of two female employees. More after the jump…
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An eligible employee may take up to 12 workweeks of leave under the Family and Medical Leave Act in a 12-month period. If an employee exhausts all of her FMLA leave and fails to return to work after the 12 weeks are up, can’t the company simply fire the employee? Well, it may not be that easy, as you’ll find out after the jump…
That headline will be reality if this bill, currently pending in the U.S. House of Representatives, passes. More on its chances of success *** cough — none — cough *** here at the Washington DC Employment Law Update.
But while rumors of the Board’s demise may be premature, the number of Board members is expected to drop by 1 — from 3 to 2 — once Member Craig Becker‘s recess appointment ends when the Senate adjourns at the end of this year. Why is that significant? Because, last year, the U.S. Supreme Court ruled in New Process Steel, L.P. v. NLRB that the Board may not issue decisions with just two members. So, expect the flurry of Board decisions to continue through the end of the year, and gridlock thereafter.
Image Credit: staffingtalk.com
Readers of this blog know from this post that the National Labor Relations Board is forcing most private-sector employers to post this notice to inform employees of their rights under the National Labor Relations Act, which includes the right to form a union.
Now, some employer-groups are fighting back. Find out how and, more importantly, whether your business may get a reprieve from the posting requirement, after the jump.
The Employer Handbook Blog