Sunday, September 30, 2012

Value of labor's experience and training

This post makes an especially poignant argument for training, experience and correlates both to hard work. Its got a pro-labor slant, but remove the politics and it makes a good case for not cutting corners when it comes to training and experience, whether the worker is a janitor or an NFL referee. The example of the NFL referees is the best argument favoring the labor theory of value to come around in a long time.

Thursday, September 27, 2012

Cause/effect?

The lockout of the NFL referees has ended with the referees expected to be on the field tonight in Baltimore for the Ravens game with the Cleveland Browns. Not sure the NFL could take many more game ending calls like Monday's Green Bay-Seattle debacle.

Tuesday, September 25, 2012

That wern't no touchdown, scab!

Wisconsin Governor Scott Walker has now sided with labor against management in one specific context. After a bizarre ending to last night's Packers-Seahawks game and Seattle benefitting from a controversial call, Gov. Walker now wants the locked out union referees back.

NLRB and Social Media

The NLRB has issued a recent decision striking down an employer's overly broad social media policy on the grounds it might intimidate employees in the exercise of Section 7 rights. In Costco Wholesale Corporation, 34-CA-012421. The Board overturned an ALJ's decision upholding a
rule prohibiting employees from electronically posting statements that "damage the Company . . . or damage any person's reputation.
The Board concluded this policy would reasonably tend to chill section & activity. page 2 of the decision does a pretty good job of laying out the potential problems with social media policies. There are three potential problems: chilling effect, a rule promulgated in response to union activity and application of the rule to restrict Section 7 activities. Any one of the three could lead to a violation. The Board hinted that an employer providing examples of proscribed conduct, and a disclaimer of coverage of Section 7 activities might avoid a violation, but the ultimate analysis is going to be the ALJ/Board's view of whether the policy and its context indicates any one of the three problems exist.

Monday, September 24, 2012

Trumka tells Mass. vote for the woman

AFL-CIO president Richard Trumka made a hard pitch to vote for Elizabeth Warren over Sen. Scott Brown in the Massachusetts Senate race, even though she's not one of the boys.

Sunday, September 23, 2012

Players support refs

The NFLPA has taken sides with the locked out referees. In a letter to owners the Players' Association denounces the Commissioner and the lockout as creating significant safety problems for the players.

Saturday, September 15, 2012

Pensions, its about pensions?

The NFL referee strike revolves around pensions according to this analysis, and the issue is not whether the owners can afford them rather their belief they can eliminate a defined benefit plan because no one else has one.

Sunday, September 9, 2012

Public sector jobs decline

Well, more job truthifying - Paul Krugman, informs Sen. Rand Paul that public sector jobs have declined since Obama took office.  In disbelief Sen. Paul retorts "the growth of government is enormous under President Obama." No, really, government employment is smaller now than before President Obama took office. That a United States senator is surprised at this important fact is discomforting. Krugman provides a dramatic chart here.

Friday, September 7, 2012

Woulda, coulda, shoulda?

ThinkProgress blames lackluster job growth on Republicans blocking passage of the American Jobs Act.

Middling jobs growth

The Bureau of Labor Statistics reported net job growth in August was shy of 100,000. Private sector jobs expanded by 103,000 and public sector jobs declined by 7,000. The unemployment rate dropped slightly to 8.1%.

Wednesday, September 5, 2012

Jobs, jobs and politics

The jobs report from the Bureau of Labor Statistics is due out Friday. It will likely have a higher than usual effect upon the political scene. A better than expected number good for the President, and a worse than expected number better for Gov. Romney. The jobs issue is a major one for the 2012 campaign. Talking Points Memo does a good job of "truthifying" the debate.

Tuesday, September 4, 2012

Hurricanes and exempt employees


What options exist for paying employees when a hurricane forces an employer to close?

  • Non-exempt employees must be compensated only for hours actually worked. If the employer cannot, or does not provide work to those employees due to a natural disaster, it is not required to compensate them for hours not worked. An exception to this general rule exists where there are employees who receive fixed salaries for fluctuating workweeks. These are non-exempt employees who have agreed to work an unspecified number of hours for a specified salary. An employer must pay these employees their full weekly salary for any week in which any work was performed.
  • As for other exempt employees, if they choose not to come to work due to transportation difficulties or other storm issues, but the employer is open for business, the employer may require the employee to use paid time off or vacation pay, or may choose to place the employee on unpaid leave. Any required use of PTO should be in full day increments., if the employee worked a partial day, then the exempt employee is entitled to full pay for that day.
  • The employer will be required to pay an exempt employee’s full salary if the worksite is closed  or unable to reopen for less than the complete work week due to storm reasons. When the facility is closed for more than a complete work week, the employer is not required to pay exempt employees for any complete work week closure caused by the storm related closure.
It is also possible to require exempt employees to make up time missed. Issues regarding compensation are fact driven. Employers should consult with their employment attorney for specific advice.