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Indiana Releases New No Smoking Poster

May 31, 2012 by chaunce.stanton

Image

Indiana requires new No Smoking poster for most employers.

Indiana has released a new No Smoking poster with an effective date of July 1, 2012. The posting is required for all employers except those exempted by law and must be posted at all entrances. Additionally the posting must be displayed in color.

GovDocs’ Indiana laminated State-on-One labor law poster includes one Indiana no smoking poster, or you can order the No Smoking Poster as a stand-alone posting, which is also laminated for durability.

Posted in Uncategorized | Leave a Comment »

More NLRB Drama: Alleged Romney Campaign Informant Resigns

May 30, 2012 by chaunce.stanton

NLRB drama. Terence Flynn resigns

Terence Flynn resigned as an NLRB Board Member after facing allegations of violating the Hatch Act.

Terence Flynn, one of President Obama’s contested recess appointments to the National Labor Relations Board (NLRB), resigned after facing allegations that he violated the Hatch Act, which prohibits federal government employees from participating in partisan political activity. In January 2012, he was appointed by President Obama to serve on the NLRB, which oversees union elections and enforces unfair labor practices.

Flynn’s resignation will be effective July 24, 2012. He was under investigation by the NRLB’s Inspector General (IG) David Berry for allegedly leaking confidential information to former board member Peter Schaumber, who was, at the time, a volunteer adviser on labor issues to the Mitt Romney presidential campaign. Flynn also may have written content for op-ed pieces signed by Schaumber. Flynn was previously Chief Counsel to Schaumber while Schaumber was a member of the NLRB.

The IG found that Flynn, while he was an NLRB staff attorney, provided information to Schaumber and to Peter Kirsanow, who represents the National Association of Manufacturers, which recently challenged the NLRB’s posting requirement in U.S. District Court.

In a March memorandum, the IG stated that Flynn “violated the standards of ethical conduct for employees of the executive branch and lacked candor during the investigatory review.” Supporting the IG’s contention was a document on Flynn’s computer before his NLRB appointment called “Schaumber business plan.” It included the following:

My practice will be developed in part by leveraging my Agency connections and focusing the attention of senior management on the likely priorities of the Obama Board and strategies to respond to them…I know well all of the significant players on the Board-side of the Agency and many on the General Counsel side, including most of the Regional Director, who are responsible for much of the day-to-day decision making regarding prosecutions of alleged unfair labor practices.

Flynn’s case has been referred to the Justice Department and to the Office of Special Counsel, which investigates possible violations of the Hatch Act.

Flynn’s attorney stated that the allegations are unwarranted, and that fear of smear campaigns “are precisely what deter people like Mr. Flynn from government service.”

In a joint statement, the other NLRB members noted that although the Board “may occasionally differ on matters of law, [they] are united in [their] high regard for this Agency and [their] commitment to fairness, collegiality and integrity.”

Posted in Federal Labor Laws, NLRB | Tagged , , , , , , , , | Leave a Comment »

What do Your Employees Know About Rights? The DOL Wants to Find Out

May 28, 2012 by chaunce.stanton

The Department of Labor has developed a phone survey for 4,800 employees to assess knowledge of wage and safety rights.

A Department of Labor (DOL) survey could test your employees’ knowledge of their rights.

In its request to the Office of Management and Budget (OMB), the DOL is looking for approval to hire the Gallup Poll to conduct a phone survey of 4,800 employees.

The survey will use one of two survey modules: either a Department’s Wage and Hour Division (WHD) module or an Occupational Safety and Health Administration (OSHA) module. The questions are designed to see how well the sample group understands its rights as covered under the auspices of the Department’s Wage and Hour Division (WHD) and Occupational Safety and Health Administration (OSHA).

Examples of the more than forty proposed questions include some related to federal labor law postings, (one of GovDocs’ favorite topics):

  • If I wanted to learn more about my legal rights as a worker, I could easily get that information (agree/disagree)
  • How much do you know about your legal rights as a worker, in terms of how much you get paid? 
  • What is the current federal minimum wage?
  • Does your current employer…hang posters in your workplace with information about your health and safety rights?

Most U.S. employers are required to display several postings from the DOL, including the OSHA Job Safety and Health: It’s the Law and the WHD’s Fair Labor Standards Act, which contains federal minimum wage information. These postings and other mandatory postings are available on GovDocs’ convenient all-on-one federal poster in English or in Spanish. They’re laminated, durable, easy to hang, and available for only $12.99.

 

Posted in Federal Labor Laws, General Labor Law Practices, Workplace Safety | Tagged , , , , , , , , | Leave a Comment »

Did Facebook Likes Get Sheriff Department Employees Fired?

May 21, 2012 by chaunce.stanton

Unjust Facebook firings?

U.S. District Court determines Facebook likes are not considered speech.

If your employer is an elected official, you might want to steer clear of “liking” her or his political rival on Facebook, if the recent decision from the United States District Court in Virginia is any indication.

B.J. Roberts was first elected sheriff of Hampton, Virginia in 1992. In a 2009 election, the incumbent sheriff faced Jim Adams, who had recently retired from the department. Some of Adams backers were employed in the department during the run-up to the election, and six of them showed their support by attending a fundraiser and by liking the Jim Adams for Hampton Sheriff Facebook page.

After winning the election, Roberts purged his department of twelve employees, including the six Adams backers. The sheriff cited a shift in department resources and performance issues as cause for termination. The former employees filed suit in U.S. District Court alleging that Sheriff Roberts violated their First Amendment rights to freedom of speech and freedom of association.

The Court, however, found that a Facebook “like” is not considered protected free speech under the First Amendment because it is not expressive enough to constitute speech. Additionally, the former employees failed to prove their claim that their dismissals were in retaliation. In other words, the Court did not find enough evidence to suggest that the plaintiffs in the case were discharged for any reason other than those provided by Sheriff Roberts.

For more information on social media in the workplace, check out GovDocs’ post How the NLRB Could Shape Employers’ Social Media Policy.

Posted in Federal Labor Laws, General Labor Law Practices, Social Media | Tagged , , , , , , | Leave a Comment »

Smartphone Owners Demanding Functionality from QR Codes

May 14, 2012 by chaunce.stanton

Department of Labor using QR code on mandatory posting.

Government agencies are placing QR codes on labor law postings.

More than one-third of Americans owns a smartphone capable of scanning Quick Response (QR) codes. What do those 100 million+ people want to do on their smartphones that they can’t do on “non-smart” mobile phones – and are QR Codes living up to their expectations?

Short answer: More Info, Please!

And yet, for all their potential functionality, QR codes have generally gotten mixed reviews. Marketers love them, for instance, because they can take consumers to a specific product or a promotion very quickly. Many other people dislike QR codes for that very reason.

Are there ways to use QR codes that provide value to the end user without the ubiquitous “sales job” lurking on the other side of the QR code link?

Yes, and even government agencies are trying out some interesting QR code tactics.

Government Jumps on the QR Code Bandwagon

There is an increasing trend among government agencies to use QR codes. Some brief examples include:

  • The Transportation Security Administration (TSA) began incorporating QR codes on airport check-in signage in 2011, with hopes of expanding code usage for lost and found info, customer service, procedural information, and travel tips.
  • Indiana state senators use QR codes in their mailings to link to their websites for more information about the issues.
  • AIDS.gov uses QR codes to link users to more detailed information about HIV-related topics.

And, Yes, QR Codes on Labor Law Postings

Currently, two federally mandated postings include QR codes directly from government agencies:

  • OSHA’s Job Safety and Health: It’s the Law poster uses a QR code that brings users to the OSHA website.
  • Department of Labor Wage and Hour Division’s Employee Polygraph Protection Act posting’s QR code brings users to the Department’s EPPA web page.

The QR code links could be useful to someone interested in learning more about the specific agency or statute covered by the posting, but they do little to help the business owner, human resources department, or legal compliance team to make sure the posting is up-to-date and compliant.

The Fast and the Functional: GovDocs QR Code Approach to Labor Law Poster Compliance

The trend seems to be that government agencies will use more QR codes on mandated postings, perhaps eventually incorporating even more functional QR codes for businesses. But even if each issuing state and federal agency included a QR code on their postings that led smartphone users to an agency website, the typical employer would still need to scan and navigate through a dozen state and federal websites.

Fortunately, GovDocs created Compliance Check with the busy employer in mind. Each of our All-on-One state and federal posters contain a single QR code that leads to an easy-to-read interface via the smartphone with a simple “compliant” or “not compliant” message. GovDocs is the only labor law poster and compliance services vendor to offer that smartphone interface.

Compliance Check QR codes are fast, they’re easy, and they come standard on all GovDocs All-on-One postings at no extra cost!

Your compliance audits just got easier.

Posted in Federal Labor Laws, General Labor Law Practices, State Labor Laws | Tagged , , , , | Leave a Comment »

EEOC Broadening Definition of Gender to Protect Transgender Persons

May 7, 2012 by chaunce.stanton

EEOC rules transgender people are protected under federal employment law.

The U.S. Equal Employment Opportunity Commission’s five-member panel ruled unanimously that transgender people are protected by Federal Law in the hiring process and during employment. Transgender people include those who identify with a sex different than the one they were perceived to have had at birth.

The ruling found that a refusal to hire or to otherwise discriminate against a job applicant or an employee on the basis of gender identity is by definition sex discrimination under federal law.

Spurring the ruling was the case of Mia Macy, a contractor for the Bureau of Alcohol, Tobacco, Firearms and Explosives who claimed her position was eliminated unfairly once the Bureau learned that she had changed her gender from male to female. She alleged that the position was subsequently filled by someone else and that it was not, in fact, eliminated. Although the Commission’s ruling did not assess whether she was a victim of discrimination, the ruling allows her to proceed with a discrimination suit against the Bureau.

The EEOC enforces federal laws that protect job applicants and employees from workplace discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.

GovDocs continues to monitor the EEOC to determine if this will affect the federal Equal Employment Opportunity posting, which is part of our Federal-on-One poster, available for $12.99. Our thorough research and follow-up is another great reason to sign up for free automatic alerts about labor law posting changes that affect your business. Sign up for GovWatch today for free to stay informed.

Posted in Federal Labor Laws, Hiring Practices | Tagged , , , , , , , | Leave a Comment »

NLRB Judge Puts the Brakes on Jimmy John’s Firings

April 30, 2012 by chaunce.stanton

Jimmy John's

Jimmy John's franchise directed to rehire fired employees. (Photo credit: Wikipedia)

In his decision, NLRB Administrative Law Judge, Arthur Amchan, determined that a Minneapolis-based Jimmy John’s franchise engaged in unfair labor practices when it fired six former employees (detailed in a previous post). According to the ruling, the restaurant franchise owners, Miklin Enterprises, must reinstate the employees and offer them back pay with interest.

The employees had alleged they were fired in retaliation for attempting to unionize and for calling attention to company policy that doesn’t provide employees with paid sick time.

Judge Amchan stated:

Any employee on behalf of himself or herself and others, and any group of employees, with or without a Union, may concertedly petition their employer for an improvement in terms and conditions of their employment.

As an NLRB Administrative Law Judge, Judge Amchan hears cases, issues decisions, and recommends orders. If the five-member NLRB does not overturn those orders, they become an NLRB order. The NLRB has been a hot topic and of particular interest to employers in light of the U.S. District Court injunction issued to suspend the NLRB Notice of Employee Rights posting requirement.

Although GovDocs’ standard Federal All-on-One poster includes only the mandatory federal postings required for most employers in the U.S., if you are an employer who chooses to post the NLRB’s Employee Rights Notice, GovDocs also offers a Federal All-on-One poster with the NLRB posting.

Posted in Federal Labor Laws | Tagged , , , , , , , | Leave a Comment »

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