Job growth signals strong economy in NOLA

Data released Friday by the Louisiana Workforce Commission confirmed anecdotal evidence that the New Orleans area economy is growing. The seven parish metro area added 8,800 jobs since February 2012. The unemployment rate also dropped from 7.4% in January to 7.0%. The state as a whole added 41,000 jobs in the last twelve months.

Leak, and it ain't St. David's day

It seems one of the recess appointments to the NLRB has been accused of doing things he should not have done. Republican Terence Flynn is accused of leaking confidential information to two former NLRB members one of whom works for the National Association of Manufacturers, and the other who is a labor advisor to Mitt Romney. Rep. John Kline (R-MN) says the problem is that Flynn's a recess appointment. You can't make this stuff up.

Chrysler success story

Well, I never watch 60 Minutes, but I sat down and caught their piece tonight on Chrysler's new (post meltdown) CEO Sergio Marchionne. He brought Chrysler back and the auto bailout helped. Chrysler has already repaid the federal government its 6 Billion Dollar loan, and is making $$$. Of incredible note is the fact that Marchionne blamed management, not workers for Chrysler's failures. And Marchionne gives credit to the hourly workers and engineers for the turnaround. There is also a priceless moment where he refuses to comment on the political criticism of the Eastwood Superbowl add but makes clear how much he disrespects the critics. Watch it here (air date 3/25/12).

Facebook stands up to employers

Facebook has announced it may sue employers who require applicants or employees to provide their Facebook password. Not so sure Facebook would win, but who wants the honor of being the test case?

Male Flight

Is it true that men leave a profession when women start entering it in numbers? Not exactly. But "male flight" is the name of the concept touted in this piece. When women enter in numbers, fewer men continue to enter the field. Is the future of law a "chick field"? 

Labors' Rx for the economy

Does labor have it right on these issues?

Orange? You're fired!

Sometimes employers do really silly things. Take this law firm that fired 17 employees for wearing orange. Now it did happen the Friday before St. Patrick's day, but there does not appear to be a sensitive Irish logic in the mix. It seems the employer thought the orange shirts were a protest. And as we all know at-will employees can be fired for any reason, even a silly one. The article even quotes an employment lawyer who says just that. But, isn't this protected concerted activity under the NLRA? Surely the employer thought it was, but more than that, if employees choose to dress alike, don't they have a protected right to do that? I think they do.

Member of L.L.C. not FLSA employer

The Fifth Circuit in Gray v. Powers becomes the first federal circuit to squarely address the liability of an individual member of an L.L.C. for FLSA wage claims of an employee of the L.L.C. The court rejected liability based solely on membership status and affirmed that operational control by the member is required to impose liability. The Court noted that it employs the economic reality standard for assessing operational control, and in this case, no reasonable jury could have concluded the Defendant possessed the power to hire and fire, ability to supervise, power to set wages, and/or maintained employment records.

Baseball gets it

There is nothing like an early spring to make you think baseball. And this is an early spring. The azaleas have just finished and the amaryllis and day lilies are a few days from busting out, but I digress. MLB has just issued a social media policy and it seems the most traditional of the professional sports leagues has gone progressive and actually encourages players to use social media to communicate directly with fans. The policy was embraced by the new collective bargaining agreement between MLB and the MLBPA. Bullet points courtesy of Greg Calcaterra at Hardball Talk:

• Players can’t make what can be construed as official club or league statements without permission;
• Players can’t use copyrighted team logos and stuff without permission or tweet confidential or private information about teams or players, their families, etc.;
• Players can’t link to any MLB website or platform from social media without permission; (i don't get this)
• No tweets condoning or appearing to condone the use of substances on the MLB banned drug list 
• No ripping umpires or questioning their integrity;
• No racial, sexist, homophobic, anti-religious, etc. etc. content;
• No harassment or threats of violence;
• Nothing sexually explicit;
• Nothing otherwise illegal.

The list is pretty straight forward except for that weird prohibition on linking to MLB sites. Hey owners, WTF, don't you want that? The list also avoids common issues the NLRB has with overbroad social media policies that would chill employees section 7 rights. In a follow up post Calcaterra discusses the NLRA and protected concerted activity, and I think he gets it right. I have a feeling the NLRB would  not find two players publicly criticizing an umpire protected activity. Think product disparagement.

Mitt - "Eliminate the NLRB"

Does a Republican presidential candidate really want to eliminate the National Labor Relations Board? Be careful what you ask for. Does he intend to repeal the NLRA, or just shift enforcement to federal courts? As we have noted before, plenty in the labor movement might welcome the ability to use economic coercion which the NLRA prohibits.

Diversity training ineffective

Just read a fairly interesting article dissing diversity training. No, its not an assault on political correctness, rather it says its not effective. Money quote after the jump

Horton appealed

The NLRB's decision in D. R. Horton has been appealed to the Fifth Circuit. This is the case where the NLRB found an arbitration policy waiving class or collective relief on employment law claims interferes with employees rights under the NLRA. Our prior post is here.

Citizens United did what?

Did Citizens United open the door for broader union efforts for Democrats in 2012? The answer appears to be yes. The evidence is the Ohio referendum repealing anti-union legislation passed by Republicans.

"At will" policy violates NLRA

Can an employer's "at will" statement and handbook acknowledgement form violate the NLRA? One administrative law judge has ruled it can. In American Red Cross Arizona Blood Services Region, Case No. 28-CA-23443 downloadable here (February 1, 2012) the ALJ found an Employers acknowledgement form, which employees are required to sign, and which states “I further agree that the at-will employment relationship cannot be amended, modified or altered in any way” violated the Act by maintaining and requiring employees to sign an acknowledgement form which is overly-broad and discriminatory. It is reasonable to expect the current NLRB to affirm this decision. If so, a whole lot of employers will be changing their at-will language. ALJ's money quote after the jump.

Jobs grow while February unemployment remains constant

The Bureau of Labor Statistics (BLS) issued its report on February jobs creation today. The nonfarm payroll employment added a net gain of 227,000  jobs in Frebruary. The unemployment rate remained at 8.3% due to more persons reentering the workforce. December's report also was revised upward from +203,000 to +223,000, and the change for January was revised upward from +243,000 to +284,000.

Public support of unions higher than thought

A new Bloomberg National Poll finds unions with more support than one might suspect.

Sixty-four percent of respondents, including a plurality of Republicans, say public employees should have the right to bargain collectively for their wages. Sixty-three percent, including 55 percent of Republicans, say states without enough money to pay for all the pension benefits they have promised to current retirees shouldn’t be able to break those obligations.

Indigestion

Radaronline reports on a discrimination complaint filed against Celebrity Chef Paula Deen and her brother by a former manager alleging harassment. The allegations of the 123 paragraph Complaint are remarkable.

Court (mostly) upholds Notice posting requirement

A federal district court judge has ruled the NLRB lawfully implemented a rule requiring employers to post a notice of NLRB rights. The court noted, however, the failure to post a notice could not be a per se violation of Section 8(a)(1). The Board must employ a case by case analysis which should include a finding of interference or infringement upon rights protected by the Act. As a practical matter this provides wide leeway to find a violation in almost all circumstances. The court also rejected the rule's provision that a failure to post could toll the 10(b) limitations period because it conflicted with the statutory mandated period. The requirements become effective April 30.