A portion of the Federal Motor Carrier Safety Administration (FMCSA) hours-of-service rule, which took effect on July 1, 2013 was recently struck down by the D.C. Circuit Court. The Court held that the FMCSA acted “arbitrarily and irrationally” in requiring short-haul drivers to take a 30-minute off-duty breaks. Short haul drivers are those who operate…

I used to be like you. I used to think that no company in their right mind would ever want a union representing their employees. No company would want to live within the strict confines of a collective bargaining agreement. No company would want to have to ask permission to change the brand of potato…

The takeaway from this case is pretty simple: a union that files 14 baseless lawsuits against a company developing a grocery store engages in sham litigation and violates the National Labor Relations Act’s law against pressuring a secondary (or neutral) employer to cease doing business with the primary employer because the union has a dispute…

I have been fielding A LOT of questions about the ObamaCare October 1st notice requirement lately. Most of the questions are pretty similar. So, hopefully this answers those questions. If you still need help, you know how to reach me – and if you don’t know how to reach me, then jump immediately to the…

This is good news for employers – especially those in Ohio, Kentucky, Michigan, and Tennessee. If you want to help insulate RNs (or other employees) from unionizing, allow them to give a written memorandum that causes the initiation of a step in a disciplinary policy (written warning). This qualifies as “discipline” under the National Labor…

OSHA projects fewer employers will be inspected for safety violations in 2014 so that inspectors can undertake investigations that are more comprehensive according to the agency’s 2014 budget request. OSHA plans to conduct 39,250 inspections in 2014, down from 41,000 in 2013. Despite OSHA’s aggrandizing about the fewer inspection, it’s really not a huge reduction in…