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Employment Law

Unfair labor charges

12/15/2008

Q. Our employee relations manager received a charge of an unfair labor practice (ULP) filed by the union with the National Labor Relations Board. In the ULP charge, the union alleges that when the secretary for our attorneys contacted a former employee—who had been discharged for misconduct—to schedule his deposition in his unemployment compensation proceeding, our company engaged in coercive interrogation in violation of the National Labor Relations Act and the Johnnie’s Poultry standard. There were no unfair labor practice proceedings pending before we received this ULP charge. What is Johnnie’s Poultry, and how is scheduling a deposition in a proceeding about a former employee’s unemployment compensation claim an unlawful labor practice?

RIF or no RIF: 8 alternatives to consider before laying off staff

12/15/2008

If your organization isn’t already planning or implementing measures to cut labor costs, it may soon have to. News that the United States has been in a recession since December 2007 suggests that HR professionals should prepare to reduce the labor burden—if only as a contingency plan.

SSA disability isn’t automatic ADA disability

12/12/2008

For years, employers tried to argue that an employee who received federal Social Security disability payments couldn’t claim she was also covered by the ADA and entitled to reasonable accommodations.

Reiterate your drug policies in wake of Prop 1 passage

12/12/2008

How Michigan’s new Medical Marijuana Act will affect employers has been hotly debated. Proposal 1, approved by voters in the November 2008 election, removed state-level penalties for registered patients who use or possess marijuana.

Ferret out bias: Ask supervisor whether he’s reported all similar incidents

12/12/2008

You probably rely on your supervisors and managers to give you all the relevant information before you make a disciplinary decision. But what if they don’t? If you don’t ask the right questions, you may inadvertently approve what ends up being a discriminatory action.

Remember, you—not employee—choose ADA accommodation

12/12/2008

Employees who need some form of reasonable accommodation to perform the essential functions of their jobs may have very specific ideas about the best way to accommodate their needs. But those may not be best for the employer. Employers are free to offer the accommodations they prefer as long as they are effective.

Public employers: Consider rights before axing protesters

12/12/2008

The relationship between government entities and their employees can get contentious. Sometimes, those employees may even protest what they perceive as poor public policy choices on the part of their employers. As long as employees follow all the rules and protest or speak out on their own time, don’t respond angrily and punish them.

An ADA accommodation that doesn’t make scents

12/12/2008

U.S. District Judge Lawrence Zatkoff gave Susan McBride, a Detroit Planning and Development Department employee, approval to proceed with her lawsuit over a co-worker’s perfume.

Coffee pot: $32. Keeping your job: priceless

12/12/2008

Under pressure to meet a shrinking budget, The Van Buren Public School District recently notified teachers that it would charge a fee for keeping small appliances in their classrooms. Teachers will have to pay $13 for a microwave, $32 for a coffee pot and $182 for a mini-fridge.

Four companies cited for worker injury

12/12/2008

The Michigan Occupational Safety and Health Administration (MIOSHA) fined four companies roughly $40,000 apiece for an accident last year while the Durant Hotel in Flint was being demolished.