A few years ago, a major Chinese manufacturer, Fuyao, opened the world’s largest windshield-making plant in Ohio. Fuyao renovated an old General Motors facility, invested millions in state-of-the-art machinery and hired several thousand employees. The start-up experienced manufacturing and cultural challenges, eventually triggering a campaign to unionize the plant.
Commandment #4: Don’t Delay Employee Interviews- and Memorialize the Statements
Over the last several weeks, I’ve been providing some practical advice on what to do and what not to do during federal, state or local investigations. Those Top Ten Commandments are:
NLRB Seeks To Reinforce Employee Choice Through Regulatory Changes
One of the primary responsibilities of the National Labor Relations Board (NLRB) is conducting secret ballot elections in the workplace about the choice to be union-free or not. Over the years, however, the right to a secret ballot election has been diluted at times due to NLRB regulations or decisions.
Workplace Safety And Summer Heat
Summer temperatures can create hazards for workers, and employers can be liable for not addressing conditions that could lead to injuries and illnesses, such as heat exhaustion and heat stroke. Liability can arise whether work is being done outside in construction, landscaping, and agriculture, or inside in non-air conditioned manufacturing plants and warehouses.
Charge of Discrimination is Not Jurisdictional: U.S. Supreme Court Makes Dismissal of Discrimination Claims More Difficult for Employers
On June 3, 2019, the U.S. Supreme Court unanimously ruled that the requirement under Title VII of the Civil Rights Act for employees to file an administrative charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or equivalent state agency before going to court was procedural and not jurisdictional.
OSHA Citation of Employer For Failing to Do More to Prevent Workplace Violence Upheld
In December 2012, a “service coordinator” (similar to a community service worker and home health worker) employed by Integra Health Management Inc. was fatally stabbed during a home visit to one of the company’s clients.
EEO-1 Pay Data Deadline Reinstated
All private employers with a workforce of 100 or more who are subject to Title VII must now submit 2017 and 2018 pay data to the Equal Employment Opportunity Commission by September 30. The reinstatement results from a March 4 ruling by Washington, D.C., District Court Judge Tanya Chutkan in National Women’s Law Center v. Office of Management and Budget, Civ A. No. 17-cv-2458 (D.D.C.). Importantly, the “Component 2” pay data report is not limited to employers who are federal contractors. With the reinstatement of the revised EEO-1 report, subject employers now have two 2019 compliance deadlines: May 31 for the traditional EEO-1 report, including race/ethnicity and gender reporting in each of the 10 occupational categories, and September 30 for the wage and hour/pay data report. In addition to the information required by the traditional EEO-1 Report, the Component 2 report adds a reporting requirement of total annual hours worked for those same employees in each pay band and snapshot pay data within those 12 defined pay bands. The EEOC is prohibited by statute from publishing the employment data derived from the EEO-1 reports prior to the institution of any Title VII proceeding, other than as non-employer-specific aggregate data. As for the timing and logistics of the Component 2 report, the Commission released the following statement
Can Arbitration Be Enforced Against Non-Signatories to a Contract?
South Carolina Supreme Court Employs Direct Benefits Test
Employee Who Fails Drug Test Can Sue Drug Testing Laboratory For Negligence
Can a drug testing lab be sued for negligence in South Carolina if it mishandles an employee’s drug test? Yes, according to a recent decision issued by the South Carolina Supreme Court with potential ramifications for drug testing labs, employers, and employees who test positive for drugs. Shaw v. Psychemedics Corp., Opinion No. 27869 (S.C. March 20, 2019).
DOL Proposes New Rule Raising the Salary Threshold for White-Collar Overtime Exemptions
Last week, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking that would raise the minimum salary threshold required for workers to qualify for the overtime exemptions for executive, administrative and professional workers under the Fair Labor Standards Act (FLSA). The proposal increases the threshold for the white-collar exemptions to $35,308 per year, or $679 per week, up about $12,000 from the current level of $23,660 per year ($455 per week). If approved, the DOL estimates the new rule would take effect in January 2020, and extend overtime protections to more than 1 million workers who are not currently eligible for overtime.
South Carolina Legislators Propose Pay Equity Law
Joining a nationwide trend, a bipartisan group of South Carolina legislators recently introduced bills in both houses of the General Assembly aimed at allowing applicants and employees to sue employers for unequal pay.
Recent Shooting Underscores Rise in Workplace Violence
Workplace violence, particularly violence involving a firearm, is on the rise. A recent workplace shooting in Aurora, Illinois – by an individual who opened fire during his termination meeting – is just the latest disturbing example. This individual, a middle-aged man with a history of domestic violence, killed five of his co-workers, wounded five police officers, and then turned the gun on himself. Of course, no employer can guarantee a violence-free workplace. However, by assuming that the issue is not “if” but “when,” employers can take steps to reduce the potential for onsite violence, or at least mitigate its impact.
South Carolina Unfair Trade Practices Act: When Acts Are Not Capable of Repetition and Other Important Issues
In South Carolina, as in most jurisdictions, unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful. See South Carolina Unfair Trade Practices Act (the “Act”), S.C. Code Ann. §39-5-10, et seq. In order to be actionable, an act must be unfair or deceptive, and must have an impact upon the public interest. Impact on public interest may be established if the act or practice has the potential for repetition. Potential for repetition may be demonstrated by showing the same kind of action previously occurred, making it likely it will continue to occur without deterrence, or by showing a company’s procedures create the potential for repetition of the unfair and deceptive act. While myriad cases have addressed, interpreted and applied the Act, few have as succinctly dealt with whether acts incapable of repetition may be said to have potential for repetition as the recent case of Turner v. Kellett, 2019 WL 455101 (February 6, 2019).
Rumors Run Amok: Poorly Managing Rumors of an Alleged Affair Opens Title VII Liability
Just in time for Valentine’s Day, in Parker v. Reema Consulting Services, Inc., the U.S. Court of Appeals for the Fourth Circuit has held that a false rumor that a woman slept with her manager to obtain promotions could give rise to Title VII liability. Reema Consulting Services Inc. had won a motion to dismiss Evangeline Parker’s discrimination and retaliation claims. The district court viewed Parker’s allegations as describing harassment motivated not by her gender but by false allegations about her conduct. The court had also ruled that because the rumor was in circulation for such a short time, the treatment Parker suffered because of it was not severe or pervasive.
5 Tips to Help Employers Avoid Workplace Romance Mishaps
With Valentine’s Day quickly approaching, love is in the air. As an employer, do you know which of your employees might be celebrating together on Feb. 14?