KMK Law Management Rights Blog

As we head into the long weekend, I suspect that very few people contemplate the meaning of Labor Day.

In my last post, I discussed the pros and cons of arbitration of employment disputes, concluding that the pros outweigh the cons. I also noted that the Arbitration Fairness Act, which would ban forced arbitration in employment disputes, is looming on the horizon. I ended with the question: What should you do if the Arbitration Fairness Act passes? As promised, here are a few suggestions.

In the interest of full disclosure, I am a huge proponent of arbitration of employment disputes as beneficial to employers. Frankly, I do not understand why more employers do not use arbitration. After some internet research on the topic, I have identified the following commonly stated pros and cons of arbitration.

Sad news from Connecticut yesterday as another workplace shooting claimed 9 lives.

I’m not going to suggest that it could have been prevented, and in fact I have my doubts that such incidents can be completely prevented in a free society such as ours. Moreover, it would be inappropriate to second guess the company involved based on news stories that may or may not be complete and accurate. Nevertheless, it is timely to consider what steps employers can take to minimize the risk of workplace violence.

According to recent news stories, Mel Gibson is in trouble again. This time because of certain calls that his former girlfriend recorded in which Mel makes several inappropriate comments, including racial slurs, death threats, etc. I know what you’re thinking, “a Hollywood celebrity behaving badly — this is news?” I agree, but within this messy story there is an employment law issue.

The NLRB announced today that the Texas Dental Association has distributed $900,000 in back pay awards to two former employees who were fired in relation to a petition complaining of poor management and unfair treatment.

According to The New York Times, Google is going to begin covering a cost that gay and lesbian employees must pay when their partners receive domestic partner health benefits.

We have posted an alert regarding Ohio's new military leave law, which takes effect on July 2, 2010. An initial question that the new law raises is how it compares to and interacts with the FMLA’s provisions for military leave. At present, the answer is not clear but there are a couple of points worth noting.

Most people have heard the news by now. Gen. Stanley McChrystal was relieved of his command of international forces in Afghanistan after his disparaging remarks about the Obama administration were published in Rolling Stone.  I had not intended to comment on this story, but so many people have asked me my opinion (offline) that I decided to blog about it.  Upon reflection, the story does have some application to labor and employment law issues.  In fact, I have decided to coin a new term for use in the employment law context — a “McChrystal.”

Executive Order 13496, signed in January 2009, requires all federal contractors and subcontractors to notify employees of their rights under the National Labor Relations Act (NLRA), including their right to join and support unions. The key take away is that federal contractors with $100,000 or more in federal contracts and subcontractors with $10,000 or more must post a notice in the workplace in paper form where other such notices are posted.