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Labor Relations / Unions

Are Employee Protests a ‘Protected’ Activity?

06/01/2006

Recent immigration-related rallies have led many employees, mostly minority ones, to skip work on those days. That action sparked an important question in HR circles: How should employers react to unexcused absences caused by employees’ attending political protests? …

Capping Salaries Won’t Violate Age-Bias Law

06/01/2006

Q. I have a question about capping employees’ salaries when they reach the top of the pay scale. I’m concerned because the only employees affected are those with many years of service and who happen to be over age 40. Have we made a legal error? Some of the affected employees are angry and have mentioned discrimination based on the residual effect of the cap. —M.M., California

Be wary of disciplining employees soon after union activities

05/01/2006

Courts, the NLRB and state labor relations boards are becoming more open to employee’s claims that they were disciplined in response to their union activities, even when no connection exists. For that reason, it’s important to be cognizant of your timing when taking action against a union worker …

4 employment law lessons from the courts

05/01/2006
Supervisors can learn a lot from others’ mistakes, particularly when it comes to employment law issues. Here are four recent court decisions that provide lessons on how supervisors can keep their organizations (and themselves) out of legal hot water.

Accruing sick leave during workers’ comp leave

04/01/2006

Q. One of our employees is out on workers’ comp. Our contract says “no sick time will be lost or deducted” while employees are out on workers’ comp. But now he wants to know if he continues to accrue sick time and holiday pay while not working. Does he? —J.S., Michigan

Know the Legal Boundaries of Employee Lie-Detector Testing

03/01/2006

In most cases, requiring private-sector employees to take polygraph tests will create more harm than good. That’s because the Employee Polygraph Protection Act makes it illegal to "require, request, suggest or cause an employee or prospective employee to take or submit to any lie-detector test," except in limited circumstances …

Fighting a unionization effort: do’s and don’ts

03/01/2006

Union membership has fallen dramatically in recent decades, but the labor movement is far from dead. The biggest change: In 2005, the breakaway "Change to Win" movement seized control over one-third of the powerful AFL-CIO’s unions. Change to Win lured the unions away by promising to shift the focus from political activism to organizing as many U.S. employers as possible. Is your business next? …

Nonunion worker’s pay complaint is protected activity under NLRA

02/01/2006

A new court ruling offers more reason to remind your supervisors to discipline employees based on objective work-based standards. Never punish employees for discussing compensation or job conditions with their co-workers …

States become key battleground in the minimum wage fight

02/01/2006

It may be the Year of the Dog on the Chinese calendar, but it’s shaping up to be the year of the "living wage" in many states. Already, 17 states and the District of Columbia have legislated higher minimums than the federal $5.15 per hour rate …

Look to states, not Congress, for radical health care changes

02/01/2006

Employers and consumers alike have been wrestling with skyrocketing health care costs, with no end in sight. And while Congress has talked much about reforming the system, it’s been spinning its wheels for years. The same can’t be said for state legislatures, where lawmakers are actively passing laws to make coverage more affordable …