Mostly Work

"Best wishes for the holidays!"

Mon, 24 Dec 2012 13:28:06 -0500

“Best wishes for the holidays!”

- via Reid Kelly, P.C. http://on.fb.me/UXL7Kj

Results of Union Election at Valley Stream NY Target Overturned | Rerun Election ordered

Wed, 23 May 2012 16:05:26 -0400

Results of Union Election at Valley Stream NY Target Overturned | Rerun Election ordered:

The saga continues as a Target store in Valley Stream NY that won its union election against UFCW Local 1500 has now seen the result overturned by an administrative law judge. A re-run election has been ordered. Target was found to have committed various unfair labor practices which unlawfully affected the result of the election. Sometimes companies knowingly commit these ULPs in the belief that winners tend to win again on a rerun election. Of course I do not know whether that is what Target was thinking, but the re-run promises to be just as contentious as the first election. Stay tuned. Click on the heading for a jump to the article.

HR Directors Thrown Under the Bus by Yet Another Federal Appeals Court

Wed, 23 May 2012 15:53:31 -0400

HR Directors Thrown Under the Bus by Yet Another Federal Appeals Court:

On May 9, 2012, in a truly wretched decision for HR Directors, the federal appeals court for the Second Circuit held that when an HR Director does his/her job and runs an internal investigation of sexual harassment, and is then fired for doing so, he

http://peoplesworld.org/taxi-drivers-honor-afl-cio-leader/

Thu, 03 May 2012 21:14:07 -0400

http://peoplesworld.org/taxi-drivers-honor-afl-cio-leader/:

Medallion Taxi drivers are organizing across the country. Black cars next.

"TOO MUCH INFORMATION! By now you will have heard that some employers are (1) asking job candidates..."

Fri, 20 Apr 2012 14:37:12 -0400

“TOO MUCH INFORMATION! By now you will have heard that some employers are (1) asking job candidates to provide their private social media log-in information, or (2) asking job candidates to log-in during an interview so that the interviewer can brows”

- Reviewing Private Social Media Accounts as a Candidate Screening Tool: Dangerous, even with Policies & Procedures

Asking for Access to Applicant Facebook Pages | Dangerous even with Policies & Procedures

Fri, 13 Apr 2012 16:36:14 -0400

Asking for Access to Applicant Facebook Pages | Dangerous even with Policies & Procedures:

Click to read my thoughts on the recent trend of employers asking for access to the private social media accounts of job applicants. Talk of doing it pursuant to written policies in order to limit legal exposure seems to invite trouble. What do you think?

"Workers at an East New York supermarket supermarket charge their employer paid them illegally low..."

Tue, 27 Mar 2012 14:05:41 -0400

“Workers at an East New York supermarket supermarket charge their employer paid them illegally low wages for years.”

- Brooklyn market workers sue employer for underpaying them

Where are the Male Bottle Servers and Hosts? Speaking Out Against Vudu Lounge's Hire Bias

Wed, 29 Feb 2012 17:06:03 -0500

Where are the Male Bottle Servers and Hosts? Speaking Out Against Vudu Lounge's Hire Bias:

NYC anti-discrimination law applied to popular night club’s “ladies only” job ad

"At the start of each year, we are reminded to do an annual check on any number of things in our..."

Fri, 27 Jan 2012 17:00:45 -0500

“At the start of each year, we are reminded to do an annual check on any number of things in our personal lives. For instance, among other things, we are reminded to schedule doctor’s appointments, car tune-ups, review personal finances, and chang”

- Give Your HR Policies a Check-Up for the New Year

Mandatory Company Holiday Party?

Thu, 08 Dec 2011 13:12:00 -0500

Quite a few people are “Googling” whether their company can make attendance at the company holiday party mandatory. The general answer is yes, but if they do they should pay you for your attendance just like any other mandatory company meeting. For that reason, many companies will make the party optional, but strongly “encourage” you to attend. Which brings up another practical point: Even if the party is optional, what signal might you be sending if you refuse to go? Office politics are already confusing and brutal, so dont compound that by shooting yourself in the foot.

An exception to the general rule regarding mandatory attendance would be that if you object to the company holiday party on bona fide religious grounds, the company may have an obligation to reasonably accommodate you.

Some people are also “Googling” dress code for company holiday parties. Start by asking HR, and looking at any company policies. In the end, since it is a company event, you cannot go wrong with business attire.

For more on company holiday party issues, hit the link.

http://www.reidkellypc.com/news/the-company-holiday-party-hr%E2%80%99s-role-as-party-planner/

Professors at Long Island University's Brooklyn Campus Strike

Wed, 07 Sep 2011 13:06:34 -0400

Professors at Long Island University's Brooklyn Campus Strike:

Downtown Brooklyn is seeing its share of strike activity these days. This LIU picketing is one block away from where the Verizon workers were picketing, and around the block from where the Brooklyn Hospital Nurses have just authorized a strike.

Alcoa Mill Products to pay more than $540,000 to settle discrimination case with US Department of Labor

Wed, 03 Aug 2011 00:05:39 -0400

Alcoa Mill Products to pay more than $540,000 to settle discrimination case with US Department of Labor:

Agreement includes back pay and job opportunities for 39 minority and women applicants plus training for managers and human resources personnel

"On June 20 and 21, 2011, the Federal government (through the U.S Department of Labor (“DOL”) and the..."

Tue, 26 Jul 2011 20:26:26 -0400

“On June 20 and 21, 2011, the Federal government (through the U.S Department of Labor (“DOL”) and the National Labor Relations Board (“NLRB” or “Board”) respectively) announced proposed rules that seek to strip away any significant means”

- Get Ready: Uncle Sam Wants Employers to Lose More Union Elections

"Albany, NY (June 1, 2011) Governor Andrew M. Cuomo today announced that New York State will suspend..."

Wed, 01 Jun 2011 17:26:21 -0400

“Albany, NY (June 1, 2011) Governor Andrew M. Cuomo today announced that New York State will suspend participation in the federal Secure Communities Program to review the mounting evidence that the program is not meeting its stated goals”

- NY’s Governor Suspends Participation in Federal Deportation Program

The NLRB Unleashes Massive Rats on Unsuspecting Employers

Tue, 31 May 2011 16:58:17 -0400

The NLRB Unleashes Massive Rats on Unsuspecting Employers:

Do you find massive rat balloons to be intimidating and/or coercive when you try to enter a business that has one outside it? The NLRB doesnt. In fact, they say its just symbolic speech. They also say employers who are not in a fight with a union have to learn to cope with the big rats, some as big as 16 feet tall! Read more on the jump by clicking this article’s heading.

Supreme Court Says States May Close Businesses that Hire Illegal Immigrants

Thu, 26 May 2011 11:52:00 -0400

Supreme Court Says States May Close Businesses that Hire Illegal Immigrants:

As CNN reports, the US Supreme Court has ruled in favor of an Arizona law that punishes businesses that hire illegal aliens. This is a big deal, in that the Supreme Court has found that the Arizona law is not preempted by federal immigration law. It reasoned that the federal law permits states to act on immigration violations through licensing sanctions and similar laws. While the federal law makes clear that civil and criminal penalties are expressly reserved to the federal government, licensing sanctions are not. Therefore, Arizona’s law, under which Arizona may suspend and/or revoke the business licenses of employers that hire illegal aliens, is constitutional.

In addition to allowing Arizona to suspend and/or revoke the license of businesses that hire illegal aliens, the law also requires all employers in Arizona to use the online federal E-Verify system in hiring new employees. E-Verify tells employers whether a particular employee has authorization to work in the United States. I have long thought that E-verify will one day be mandatory for all employers, but was not sure how it would come to that. This is one way that it may get there, at least in a large number of states.

With the Supreme Court clearing the way for states to punish and/or close businesses that hire illegal aliens, I expect we will see a flurry of activity of states implementing similar laws, thereby making it clear to businesses that they must use and rely on the E-verify system in hiring employees.

It should be noted that this is the one of the least controversial piece of the Arizona law, and was essentially part of many bipartisan proposals for comprehensive immigration law at the federal level back in 2007-8. Such proposals tended to combine border control measures, path to citizenship for current illegal aliens, and employer sanctions for hiring illegal aliens. Sadly, as usual, politics got in the way of desperately needed reform, and so we see these piecemeal efforts at reform making their way through state legislatures and the legal system, and not always fueled by the best of intentions.

This latest development may get a lot of press attention because the law that was approved by the Supreme Court is connected to the more controversial Arizona law that permits local law enforcement to engage in racial profiling, but the actual decision itself approves a measure that was largely seen as rational (at least as part of comprehensive federal immigration reform) not so long ago. I expect there will be national implications from this decision. Stay tuned!

Click on this article’s title for a link to the CNN article.

DISCLAIMER: This blog and any information contained herein, including this post, are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.

Double Trouble: Golf International Sued by EEOC for Retaliation x 2

Wed, 18 May 2011 15:10:00 -0400

Double Trouble: Golf International Sued by EEOC for Retaliation x 2:

Golf Club Operator Fired Employee Twice for Reporting Discrimination and Filing EEOC Charge, Federal Agency Charges

I actually count at least 3 possible retaliation claims arising from the inexplicable actions of this employer. With this EEOC suit, it appears that this employer is in for a crash course on employment law basics that they either forgot or never knew. While golf clubs have not exactly been known as the most progressive workplaces over the years, this particular case does all golf clubs a serious disservice.

The EEOC alleges that Golf International (“Golf Intl”) employee Jeff White submitted an internal complaint that certain female employees were being sexually harassed by the head chef in their onsite restaurant. Golf Intl fired White the next day. After White filed a retaliation complaint with the EEOC, Golf Intl offered to reinstate him conditioned on him withdrawing his retaliation complaint. White refused, Golf Intl rehired him, but then fired him again within a matter of weeks. The EEOC also alleges that Golf Intl gave negative references about White and other employees to other employers. Wow.

It is considered HR 101 to take all employee complaints regarding workplace harassment and discrimination seriously. Taking such complaints seriously means conducting an impartial and confidential investigation, which must include speaking to all witnesses and the alleged harasser. One of the worst things an employer can do when an employee files a harassment complaint is to discipline them, particularly before even conducting an investigation.

When employers react rashly to employee complaints, the retaliation claims that follow take the focus away from the underlying complaints, which may have been baseless. It is vital that employers train HR and supervisors (and owners!) on employment law basics, including retaliation. If you are an HR executive, do you provide your supervisors with proper training that includes the concept of retaliation? If not, implement one immediately. Such retaliation claims can tarnish whatever else fine work HR has done over the years, because it makes the Company look like the worst sort of offender that seeks to make an example out of employees and discourage others from speaking out against unlawful harassment.

At Reid Kelly, P.C., our trainings are comprehensive and designed to educate and empower management to handle all sorts of labor and employment law issues. Talk to us about a training program audit, where we look at whether your current program leaves you and your team vulnerable to legal liability in crucial areas. Taking preventative measures is not only good for business, but can be part of an overall great employee communication program.

"In Myers v. Toojays (May 17, 2011), the 11th Federal Circuit Court of Appeals ruled that private..."

Wed, 18 May 2011 14:33:51 -0400

“In Myers v. Toojays (May 17, 2011), the 11th Federal Circuit Court of Appeals ruled that private employers may refuse to hire applicants based on their bankruptcy history. This follows similar rulings in the 5th and 3rd Circuits. Read more on my Firm’s blog …”

- 11th Circuit Joins the 5th & 3rd Circuits in Holding that Private Employers May Refuse to Hire Candidates Based on Bankruptcy History

Haitian TPS Extended

Tue, 17 May 2011 14:10:00 -0400

Haitian TPS Extended:

Today DHS Secretary Janet Napolitano announced that the Temporary Protected Status program established for Haitians after the devastating earthquake in 2010 has been extended. Details are on the jump (click on the title of this post). This is certainly good news because the country is still struggling to recover, so it would make little sense to further burden the already scarce resources by sending people back there at this time .

I was a participating attorney in some volunteer TPS clinics prior to the last deadline. I look forward to volunteering again in the months to come.

Illinois Pulls out of Federal Deportation Program S-Comm

Tue, 10 May 2011 15:33:00 -0400

Illinois Pulls out of Federal Deportation Program S-Comm:

The controversy over the Federal Secure Communities (S-Comm) program continues to grow as States are going beyond wondering whether they can refuse to participate. While the Governor of Massachusetts questions whether his state can refuse to participate, the Governor of Illinois just announced that his State is pulling out of S-Comm. D.C. recently opted out, and Washington State has refused to participate.

I have read articles where Janet Napolitano reportedly said that S-Comm was mandatory by 2013, but there has also been a lot of reporting that Federal authorities had repeatedly said it was optional. This will need to be clarified from the top, before more states pull out and cause even more uncertainty.

For background, states are trying to pull out of S-Comm because they say that despite the stated purpose of S-Comm being to deport aliens with serious criminal convictions, vast numbers of people with lesser crimes (or no crimes!) are being deported, leaving fragmented families here in the US.

In waiting to see which states will pull out next, one thing’s for sure: We wont see Arizona on that list! This proves once again that all politics is local.