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Be Careful What You Post on Facebook
A United States District Court Judge recently punished an employee with sanctions for deleting his facebook account. The employee was involved in a workplace accident caused by a third party. He claimed that the accident permanently disabled him and significantly impacted his business, physical, and social activities.
The defense asked him for his facebook login information, and the judge eventually ordered the employee to release the information to the opposition. Apparently the defense attorneys had caught wind that the employee had made several posts on his facebook account about his social,
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ABA Releases 2012 FMLA Case Report
The American Bar Association, in association with the Bureau of National Affairs, released its 2013 Midwinter Meeting Report of 2012 FMLA Cases. This report reviews a comprehensive list of FMLA cases from 2012 and categorizes them into subparts of the FMLA to which they pertain.
5th Circuit Reverses NLRB’s Charges Surrounding a Decertification Election
On February 28, 2013, the 5th Circuit Court of Appeals completely reversed the National Labor Relations Board in Arkema, Inc., 16-CA-26371. The following is excerpted from the Board’s summary of the case:
This case arises out of an August 2008 decertification election at a Houston-area chemical manufacturing plant, which the union lost 18-17. The Board found four violations of the Act, but the Court reversed each one.
» Read more about: 5th Circuit Reverses NLRB’s Charges Surrounding a Decertification Election »
Union Strike Numbers in 2013 Surpass 2011
The Bureau of Labor Statistics released its “work stoppage” report today. The report indicates that 19 major work stoppages (“strikes”) idled more workers than all of the strikes in 2011 combined–148,000 workers.
The Chicago Public Schools and the Chicago Teacher’s Union idled the most employees–26,500; and Lockheed Martin’s strike was the longest–48 workdays. When multiplied by the 3600 Lockheed and International Association of Machinist workers who went out on strike, this equals 172,800 lost work days.
» Read more about: Union Strike Numbers in 2013 Surpass 2011 »
Anti-Discrimination Legislation Passes the Senate
On November 7, 2013, the U.S. Senate passed Senate Bill 815. This bill prohibits covered entities (employers, employment agencies, labor organizations, or joint labor-management committees) from engaging in employment discrimination on the basis of an individual’s actual or perceived sexual orientation or gender identity.
Similar to other federal discrimination legislation frameworks, S.815 declares that it will be unlawful for an employer, because of an individual’s actual or perceived sexual orientation or gender identity,
» Read more about: Anti-Discrimination Legislation Passes the Senate »
Government Shutdown Doesn’t Mean Don’t Comply
Don’t be fooled. Just because our federal government is playing politics doesn’t mean you get a reprieve on complying with all the usual federal employment laws that have always applied to you. You still must complete I-9’s, avoid discrimination and retaliation, and operate a safe working environment. The most you can expect is that you probably won’t get any federal investigators looking through your paperwork until the shutdown is over.
Let me know if you have any questions.
» Read more about: Government Shutdown Doesn’t Mean Don’t Comply »
Department of Labor Finds Workers Misclassified as Independent Contractors Entitled to $687,469 in Back Wages
The following is excerpted from the DoL’s June 3, 2013 press release:
Honghua America LLC has paid $687,469 in overtime back wages to 133 roughnecks and crane operators after an investigation by the U.S. Department of Labor’s Wage and Hour Division found violations of the Fair Labor Standards Act’s overtime provision at its equipment manufacturing facility in Houston.
The investigation conducted by the division’s Houston District Office found that Honghua improperly labeled workers,