The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has resulted in heightened protection for employee misconduct that takes place during the course of protected activity, such as strikes. However, in General Motors LLC
DOT Notice Provides Guidance on How the Use of Medical Marijuana Will Affect Drug Testing Results
Typically, a drug test cannot be certified as positive until a Medical Review Officer (“MRO”) verifies the result. For drivers subject to the Federal Motor Carrier Safety Act, Department of Transportation Regulations state that an MRO must verify as positive a confirmed test result for drugs, unless the employee presents a legitimate medical explanation for…
To Enforce a Call-off Policy or Not to Enforce a Call-off Policy; that is the Question
This post was contributed by Erica Townes, a McNees Summer Associate. Ms. Townes is a rising third year law student at the Widener University Commonwealth Law School and is expected to earn her J.D. in May of 2017.
Recently you’ve noticed that an employee takes FMLA-covered leave the same week every year or always seems…
OSHA Targets Safety Incentive and Disincentive Policies
While you are busy with the required Hazard Classification Training that we told you about last week, you might want to make time to review any safety incentive programs that you have in place.
OSHA has issued a controversial internal Memo on Employer Safety Incentive and Disincentive Policies. In a nutshell, OSHA’s Deputy Assistant Secretary gave Regional Administrators and Whistleblower Program Managers another target – employers who reward employees for safety!
Continue Reading OSHA Targets Safety Incentive and Disincentive Policies
OSHA’S NEW HAZARD COMMUNICATION STANDARD: EMPLOYERS ARE REQUIRED TO PROVIDE TRAINING TO EMPLOYEES BY DECEMBER 1, 2013
The Occupational Safety and Health Administration (OSHA) has issued a new Hazard Communication Standard (HCS) that is designed to enhance employee health and safety by aligning the classification and labeling of chemicals in the United States with international standards (as established by the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS)). As explained in more detail below, the first phase of compliance requires employers to provide training to employees, by December 1, 2013, with respect to the new HCS label elements and Safety Data Sheet formats. The new HCS and related training requirement apply to all employers, regardless of size or industry, with any hazardous chemicals in their workplaces.
Continue Reading OSHA’S NEW HAZARD COMMUNICATION STANDARD: EMPLOYERS ARE REQUIRED TO PROVIDE TRAINING TO EMPLOYEES BY DECEMBER 1, 2013
What Employers Should Know About Weather Related Absences
Given the increase in major weather events that have affected Pennsylvania recently, including high winds and substantial flooding, employers should consider the following issues that may arise when closings, delays, and absences are caused by inclement weather.
Must employees be paid when the business is closed because of inclement weather?
Continue Reading What Employers Should Know About Weather Related Absences
Equity Incentive Plans: Compensating Key Employees
Recently, Michael L. Hund, Esq. and Salvatore J. Bauccio, Esq. from McNees Wallace & Nurick LLC’s Business Counseling Group developed a White Paper entitled: Equity Incentive Plans: Compensating Key Employees with Equity, Options and Equity Appreciation Awards (PDF). The White Paper provides an excellent summary of different methods that organizations can use to compensate and reward…
Paul Newman: A Lesson in Leadership from Butch Cassidy
Let’s take a moment to honor this cinematic legend while examining the dynamics of leadership that exist in all organizations whether it’s corporate America or in this case the Hole in the Wall Gang.
In this classic flick, Butch is an absentee leader with no succession plan. He is challenged by one of his subordinates for leadership of the gang. Butch leads the gang through his dominant intellect and control over the gang’s star member – the Sundance Kid a.k.a. Robert Redford. Here are some of Butch’s leadership shortcomings:
Assuming his Leadership won’t be Challenged
Butch is surprised when his leadership is challenged, but reminded by a gang member that “you always said that any one of us could challenge you Butch.” Butch responds, “That’s cause I figured no one would do it." The challenger responds, ”You figured wrong Butch.”
Losing Touch with his Team and then making Excuses
There is support for the challenge when one gang member says “ Well at least [the leadership challenger] is with us… you have been spending a lot of time gone.” Butch makes his excuse in that “everything is different now… it’s harder now…you have to plan more….”
No Succession Plan
Butch has no succession plan creating a leadership vacuum where the rules are unclear. The ensuing battle is won only by Butch’s quick thinking and fancy footwork. Ultimately, he must profess to the gang that there are no rules.
Retailating against those who Oppose him
Butch tells Sundance Kid that he doen’t mean to be a sore loser, but it the fight is done, and he’s dead, kill his successor.
Here is the full scene. Your comments on leadership are welcome.
Continue Reading Paul Newman: A Lesson in Leadership from Butch Cassidy
Investigating Employee Misconduct based on Electronic Evidence may be limited by the Weakness of an Employer’s Policies
The prevalence of e-mail and texting communications can aid an employer in its investigation of workplace misconduct; provided, the employer’s policy adequately preserves its right to access the data. However, overstepping rights to access e-mail and other electronic communication media can result in criminal prosecution under state and federal law.
Recent high profile firings of Philadelphia…
Carnival of HR # 34
The Carnival of HR has its usual compliment of excellent postings on interesting topics.
Leading off is a discussion of the two sides of generational differences in the workforce. Dr. Ira Wolfe from the Perfect Labor Storm 2.0 posts on Gray ceiling disrupts succession plans for Gen Xers which discusses the recruiting challenges created by older…