Below is a review of the posts (on Facebook, LinkedIn, and Twitter) from the past week. You can check out the full posts by clicking on the links.
In the post on Sunday 9/8/19 we learned that a refusal to work can be protected concerted activity (union workplace or not). Beware. So you know that the NLRA gives employees the right to discuss terms and conditions of employment, right? But do you know how far that might extend? Farther than you think according to the recent federal court decision in the post. There, 2 refinery employees raised concern about a safety procedure. One refused to proceed even after being told to do so. He was suspended and more (in the post). Of course he then filed an unfair labor practice charge. The Board’s decision was recently affirmed by the federal court on the grounds that the conduct was protected concerted activity. The court’s analysis is in the post (along with how it might have turned out differently with just a bit more thought/steps by the employer).
TAKEAWAY: Know what is or might be protected activity by employees and don’t take adverse action against them based on that conduct. If unsure, consult a labor and employment lawyer.
The post on Monday 9/9/19 was about a gay server getting $40K after being taunted by coworkers. Remember that possible association claim too. So what happened? The server says he was harassed by employees at a Mexican restaurant. What they did is in the post. And if that isn’t bad enough, what they did to the server’s straight friend is also in the post. Suit was eventually filed and was recently settled on the bases in the post (which is a monetary sum and more).
TAKEAWAY: Don’t discriminate against employees on the basis of any protected characteristic – it will be more costly in the end.
The post on Tuesday 9/10/19 suggested that you know what is in your Governing Documents — because the Board might not have the authority you think it does… For example, let’s look at amending an association’s Rules and Regulations. In a recent case, an association sued an owner for unpaid assessments and more. The owner filed a counterclaim; the basis is in the post. That completely changed the focus of the suit. The court ruled in favor of the owner for the reasons in the post.
- TAKEAWAY: Whether you are an owner or also a Board member, know what your Governing Documents (Declaration, Bylaws, Rules and Regulations) provide and who can do what and when. Get help from a community association lawyer (like Austin Law Firm!) if needed.
The post on Wednesday 9/11/19 was an ALERT: parents may now use the FMLA to take time for special education meetings. This is per a recent DOL opinion letter. The meetings are IEP meetings for children with serious health conditions. The use of FMLA for this purpose is expected to increase as people find out about it. How did this come about? A woman received a certification from her children’s doctor for leave to care for them. Her employer approved leave for medical appointments but not IEP meetings. What the school district provided for the children is in the post. How often, and by whom, the IEP meetings were held, and what else the participants did, is also in the post. DOL analyzed the situation and the mother’s need to attend the IEP meetings. See the post for what DOL said and what it considered. Tips for employers going forward are also in the post.
TAKEAWAY: Know what the FMLA does and does not allow and add IEP meetings to the list of permissible uses of leave.
In the post on Thursday 9/12/19, we learned that a social club for male executives does not violate Title VII. We suggested you know the difference (between offensive social conduct that is not illegal and adverse employment action that is). Marie’s suit alleged that her supervisor would walk by without greeting her, she was excluded from a social club which regularly ate lunch together and more in the post. Further, she alleged a sexist workplace culture known to, and approved by, management, and that her supervisor made the comments noted in the post. The background for her claims is detailed in the post. The court took her allegations one by one and analyzed why they were not illegal – see the post.
TAKEAWAY: Everything an employer does that is not exactly the same for all employees is not illegal – but some things are. Know the difference.
The post on Friday 9/13/19 told us that this new kind of expensive lawsuit could easily bankruptcy your small business. (We suggested that you get legal assistance.) Ok, it’s not a new kind of suit, but one that is being filed and felt more and more now. The basis? Employment wage issues. You know that big companies (such as those noted in the post) have been snared; so could you be. Guess who can better withstand a large liability?!? So what can you do to minimize your potential liability? Ask yourself the questions in the post. And make necessary changes once you know the answers. Why? So that you won’t become part of the scary statistics cited in the post.
TAKEAWAY: Know how to properly classify and pay employees – do it right from the start and you won’t incur penalties, fines, or attorney’s fees after the fact.
Finally, in the post yesterday 9/14/19, we learned that the EEOC has begun denying employers’ requests for extension of time to respond to discrimination charges. We suggested that you take heed – and contact employment law counsel as soon as you receive a charge. Why do you care? Because if you ever find yourself in the EEOC’s crosshairs, you need to be able to fully and timely respond, so knowing the allowable time will be helpful. Why the EEOC is doing (or, in this instance, not doing) this is in the post. So how do you proceed? As noted in the post.
TAKEAWAY: Expect that the normal, written procedure and deadlines will apply and be prepared to meet them with the assistance of your employment lawyer.
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