NLRB training on quickie election rules


On Tuesday, April 14, I attended a training session presented by Chip Harrell, NLRB’s Region 10 Regional Director.  Let me start by highlighting 3 things said by representatives of the NLRB at the session: The NLRB was “not celebrating, but introducing” the new rules. Union elections will be a “brave new world”. If the electionsRead More

On the 11th day, NLRB created unions: Quickie elections are upon us


On February 9, 2015, I wrote about the upcoming “Quickie Elections” for unions.  The National Labor Relations Board (NLRB) issued 733 pages of rules, which are to take effect on April 14, 2015.  Although you may have heard that Congress passed a resolution setting aside these rules, President Obama vetoed that resolution on March 31st. Read More

Social media:  Freedom of speech, but not freedom from consequences

Social Media Network

I have often said that individuals have freedom of speech, but not freedom from the consequences of that free speech.  In the employment world, that is especially true.  A number of years ago, an employee from Birmingham flew to Memphis to meet with a client.  When he landed, he tweeted a very negative impression ofRead More

Tip-sharing lawsuit in Birmingham allegedly settled

Glass Jar for Tips with Coins and Bills

According to, a lawsuit filed in January against a Hooters restaurant in Birmingham has been resolved, pending court approval.  The lawsuit was filed on behalf of four current or former employees, all females, alleging that they were required to participate in an invalid tip pool that included non-tipped employees.  This activity allegedly resulted inRead More

Social media policies: Why every employer needs one

Social Media Sign

Over the past several weeks, you may have read about the murder of a young girl in Birmingham at a fight that was arranged through Facebook; or the fight in Birmingham’s Railroad Park that was posted on Facebook; or the fight in Green County at a school bus stop where shots were fired that wasRead More

$1 Million Age Discrimination Verdict in Alabama


Oftentimes, people ask how the topics of the blog entries I write about have an impact on employers in Birmingham and in Alabama.  Well, to a federal jury in Anniston, the impact was in excess of $1 million.  James King, who was a pharmacist at the CVS located in Pell City, was 65 at theRead More

Alabama Supreme Court halts same sex marriage in Alabama


Last week, the Alabama Supreme Court entered an order enjoining Probate Court Judges from issuing marriage licenses for same sex couples.  In a 148 page per curiam opinion, in which 6 Justices approved the opinion, one concurred, one dissented (based on jurisdictional grounds) and Justice Moore apparently recused himself, the Court found, among other things,Read More

15 for (20)15: 2014 in review and the year to come – Part VII


13. FMLA Improper record keeping continues to be the source of many complaints and lawsuits arising under the FMLA.  Employers should train their management teams, on a regular basis, on how to properly document, in writing, FMLA leave. Another common problem under the FMLA is when a manager or supervisor asks an employee, who isRead More

15 for (20)15: 2014 in review and the year to come – Part VI

smartphone security

11. Data Protection/ID Theft/Hacking Anthem.  Sony.  Target.  Starbucks. Banks/Credit Card issuers.  And more.  I anticipate that cyber security breaches will be more extensive in 2015 as more sophisticated hackers continue doing what they do.  Employers need to take the threat of cyber breaches seriously, and be prepared to deal with a breach should one occur. Read More