Labor & Employment Developments Blog

In the 1985 classic “Better Off Dead,” John Cusack’s character is given the following advice on downhill skiing: “Go that way, really fast. If something gets in your way, turn.” 

I am amazed at how often employment litigation is a self inflicted wound for the employer. In an ongoing series, I am going to share some of  the common self-inflicted wounds that I have witnessed and offer some suggestions for avoiding them.

Fox News is reporting that a Florida student has been kicked out of the National Honor Society over a Facebook page that was critical of his high school.  I’m sure this story is far from over and may end up at the courthouse.  For our purposes, it raises the issue of how to address the use of social media in the workplace and outside the workplace.  Do you have a policy that governs this issue?  If you do not, you should consider one. 

An interesting article from Portfolio.com notes that:

“Lawsuits over overtime, long a bane of big business, are moving their way down the ladder. More such suits are being filed against small and mid-sized businesses, too.” 

Every now and then, I encounter an argument in the context of a harassment claim that inappropriate comments were not directed toward the complaining party but were made for all to hear.  The argument goes that if the comments were offensive, they were offensive to all and therefore not actionable.  This is sometimes referred to as the “equal opportunity jerk” defense.  

The always interesting LaborPains blog points out that big labor is (incredibly) trying to spin the Scott Brown victory in Massachusetts as victory for labor unions. 

The Bureau of Labor Statistics (BLS) will release its annual report on union membership for 2009 on January 22, 2010. 

A lot has been written recently about the new online labor market and several public policy issues related to it. 

Those of you who follow the world of sports may have noticed that NBA player Gilbert Arenas is in a bit of trouble for bringing several guns into Washington D.C., storing them in his locker and bringing them out or brandishing them depending on which media sources you believe.  For those of you who do not follow sports, Mr. Arenas plays professional basketball for the Washington Wizards, formerly known as the Washington Bullets [insert your own wisecrack]. 

The National Right To Work Legal Defense Foundation reports that union attorneys have filed 5 cases seeking to overturn the NLRB’s 2007 decision in Dana Corporation.  The Dana Corp. decision granted employees the right to file a decertification petition and force a secret ballot election within 45 days after an employer recognizes a union by card check.