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Labor Relations

NLRB Offers Further Guidance on Confidential Workplace Investigations

April 22, 2013
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I believe that the NLRB fails to understand the importance of confidentiality in workplace investigations, and further fails to understand the realities of how workplace investigations work.
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SCOTUS: Picking Off Individual Plaintiffs Moots Wage and Hour Collective Action Claims

April 17, 2013
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The issue the Supreme Court faced in Genesis Healthcare Corp. v. Symczyk was whether a case becomes moot when the lone plaintiff receives an offer from the defendants to satisfy all of the plaintiff’s claims. Last December, I predicted an employer loss in this case. I’m happy to report that my prediction was very wrong.
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Does Social Media Change the Meaning of Solicitation?

February 25, 2013
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By defining “solicitation” to include passive social media connections and activities, you are at least putting yourself into a position to have a court consider shutting down an ex-employee for maintaining online relationships.
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Of Storks and Honesty—Avoid Shifting Reasons When Defending an Employment Decision

February 20, 2013
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It's trite to say honesty is the best policy. But, when defending an employment case, honesty and consistency are essential. And, if you can't be honest because the honest reason is illegal, then maybe you should consider biting the bullet and settling.
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Ohio Supreme Court all but Eliminates the Intentional Tort Exception to Workers' Comp Claims

December 18, 2012
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How do you guard against these intentional tort cases? Train all of your employees about the importance of safety guards, and the dangers of toxic and hazardous substances. Inspect all equipment at the beginning and end of each shift to ensure that safety guards are in the proper place.
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Court Reverses Ruling, Says UPS Worker Entitled to Trial on ADA Claim

December 17, 2012
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The complex case of Teresa Watts v. United Parcel Service Inc. has gone to trial three times and been appealed to the 6th U.S. Circuit Court of Appeals in Cincinnati once before, according to the 6th Circuit's latest ruling.
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Michigan Governor Signs Right-to-Work Bills Into Law

December 12, 2012
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Once they take affect early next year, Michigan will become the 24th right-to-work state in the United States.
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Michigan Lawmakers Pass Controversial Right-to-Work Legislation; Gov. Snyder Expected to Sign

December 11, 2012
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The Michigan House approved House Bill 4003 and Senate Bill 116, which will ban the practice of workers being forced to pay any money to a union as a condition of employment.
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What Are Right-To-Work Laws, and Should you Care?

December 11, 2012
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Right-to-work laws were born out of an exception in the Taft-Hartley Act, under which individual states can pass laws outlawing agency shops.
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The Internet is Today's Employee Complaint Box

December 6, 2012
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Employees are online, talking about what is happening in your workplace. The Internet is today's complaint box. If you want to fix problems before they get out of control, you need only turn to social media sites and sites like coworker.org and Glassdoor.
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