Monthly Archives: January 2015

NLRB Continues its Aggressive Social Media Stance with Employers

In Three D LLC, 361 NLRB No. 31 the NLRB held that an employee’s use of Facebook’s “Like” button was protected activity under the NLRA. Two employees were terminated after they complained about erroneous taxes withheld from their paycheck. One employee criticized the company on his Facebook page which another employee liked while adding a comment calling the… Read more »

The Problem with Stereotypes

An eight person San Diego federal court jury recently awarded Rosario Juarez $185 million dollars against AutoZone because the corporation didn’t like women working at stores, especially in management positions. According to the lawsuit, the corporate philosophy was summed up by the Vice President for Western Operations during a visit to a store staffed by… Read more »

FMLA Leave Request Does Not Create Automatic OSHA Recordkeeping Obligation

In Secretary of Labor v. United States Postal Service the question was whether an employee’s indication of an industrial injury on a FMLA request form triggered an OSHA recordkeeping obligation.  To make a long story short, that claimant complained she was having an allergic reaction to dust produced by machinery she worked with. Her doctor… Read more »

Editors Column: Who’s Happy at Work?

To work we love, with delight we go. William Shakespeare There has been much discussion about happiness at work. We are constantly reminded of the Gallup survey indicating 72% of employees are disengaged. According to a September 2014 Money Magazine poll roughly 54% of those surveyed said their job is “okay”, 26% said “they can’t… Read more »

Can Employers Require Biometric Screenings?

With the new year upon us, you might hear water cooler conversations about biometric screenings. There’s probably numerous misconceptions, so learn the truth before you decide whether or not to comply.   What is Biometric Screening?   A 15-minute health exam, a biometric screening assesses your risk for developing certain medical conditions or diseases. It’s… Read more »

What Are The Penalties For Not Having Health Insurance?

The Affordable Care Act requires all US citizens who meet income thresholds to have health insurance. You can choose your employer’s coverage, buy private insurance, join your state’s exchange or receive coverage from Medicare or Medicaid. What penalties will you incur, though, if you don’t have health insurance this year?   Individuals   In 2014,… Read more »