Be Careful What You Post on Facebook

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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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5th Circuit Reverses NLRB’s Charges Surrounding a Decertification Election

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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.  

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Union Strike Numbers in 2013 Surpass 2011

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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.

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Anti-Discrimination Legislation Passes the Senate

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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,

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Government Shutdown Doesn’t Mean Don’t Comply

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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.

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Department of Labor Finds Workers Misclassified as Independent Contractors Entitled to $687,469 in Back Wages

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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,

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Safe Operation of Powered Industrial Trucks is Focus of OSHA’s New Local Emphasis Program in Idaho

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The U.S. Department of Labor’s Occupational Safety and Health Administration is launching a local emphasis program in Idaho aimed at reducing injuries and fatalities associated with the operation of powered industrial trucks, including forklifts and lift trucks.

OSHA compliance offices will begin conducting inspections in early June to identify and evaluate hazards of operating powered industrial trucks, or PITs, such as being struck by and caught between PITs, which could lead to serious employee injuries or death.

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