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Welcome Back, Wallace
While this blogger is sad to bid farewell to Robert California, the news of David Wallace’s return to the Company is certainly exciting. In honor of his triumphant return as CEO of Dunder Mifflin, below is a list of my favorite Wallace moments. 1. The basketball game at Wallace’s house. After Wallace and Jim sneak out of the...
Oklahoma Employees May Have Misconceptions About New ‘Open Carry’ Law
by Charlie Plumb Effective November 1, 2012, Oklahoma handgun owners will be permitted to carry their firearms more freely than before. Yet contrary to some popular belief, the state’s new “open carry” bill (SB 1733) does have limitations. Though some employees may believe they now will have the right to carry guns while at work,...
NLRB Union Election Rule Struck Down
Foes of the National Labor Relations Board’s (NLRB) rule to shorten the process required to hold a union representation election scored a win when a court invalidated the rule on May 14, but the final outcome of the fight isn’t yet clear. The U.S. District Court for the District of Columbia ruled that the NLRB didn’t have a quorum...
The Difference Between Knowing How and Knowing Why
A friend of mine likes to say, “People who know How, work for people who know Why.” Think about that for a minute. What’s the difference between knowing How and knowing Why? The people in your company who know How are, no doubt, very important. In fact, the company can’t operate without them. They’re the people who...
Mergers & Aggravations
Litigation Value: Whatever it is, David Wallace should pray that he’s not on the hook for it. My colleagues and I have written on this blog about all of the costly potential lawsuits the Scranton branch has spawned since Sabre acquired Dunder Mifflin. Let’s assume some of these incidents have become actual lawsuits alleging...
When It Comes to Job Performance, Is Everyone Extraordinary?
Recently, we had an interesting discussion in our weekly executive meeting. At our company, we’re just wrapping up our annual performance evaluations. We were talking about how the process went this year and what we could do to improve it. One of our senior team members said our evaluation system can actually hurt morale. Here’s his...
Ability to Restrict Use of Company Computers May Be Slipping
Employment law attorney Robert P Tinnin, Jr., answers a reader’s question about restricting employees use of company computers. Q: I understand the general counsel of the National Labor Relations Board (NLRB) is considering new limitations on how far an employer can go in controlling employee participation on social media sites. As long as...
Turf War; Smurf War
Litigation Value: Wait, Dunder Mifflin might actually be a plaintiff in an employment dispute? In a surprising turn of events, the company may have claims against Andy Bernard for stealing a major client and against Jim and Dwight for stealing from the company. Not surprisingly, Dunder Mifflin is looking at liability ($150,000+) for Robert...
Don’t Be An %#*hole!
A colleague recently suggested I read the book, The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn’t. Maybe I should have asked what his motives were in suggesting that I read this particular book. I didn’t. Some things you just don’t want to know! The book was a New York Times bestseller, so plenty of...
10 iPad Apps for Work
Last week, our annual Employers Counsel Network conference came to Nashville, so I got to sit in on the sessions. One of the unexpected themes was iPads, as almost 80 percent of the employment law attorneys showed up with one. Two of the conference speakers — president of Newstex Larry Schwartz and Teresa L. Shulda, attorney [...]
EEOC Updates Guidance on Use of Arrest, Conviction Records in Employment
The Equal Employment Opportunity Commission (EEOC) has released new guidance related to employers’ use of applicant and employee arrest and conviction information. The new guidance, approved in a 4-1 vote during a meeting on April 25, includes information on how an employer’s use of an individual’s criminal history in making...
Trouble at the Fundraiser
Litigation Value: Not much from this episode, but hopefully Dunder Mifflin will recognize the problems associated with socializing with an ex-employee. This week’s episode illustrates some of the dangers of a disgruntled ex-employee. A recently fired Andy and his newly blossoming life crisis take center stage at a local fundraiser. After a...
Massachusetts Criminal Record Rule Changes Finish Taking Effect May 4
by Tim Murphy In 2010, the Massachusetts Legislature made sweeping changes to the statute governing employers’ use of Criminal Offender Record Information (CORI). In addition to prohibiting employers from asking about an applicant’s criminal history on the job application, the amendments called for additional changes to the way...
Hiring? Human Interaction Should Trump Search Results
A friend of mine works at a local university. Part of her job involves supervising the students who run the information desk in the student center. Last week, she began to notice that she was getting a lot of calls for various departments throughout the school. When the call volume began to increase, and the [...]
And the Survey Says . . . We Have a Problem
The results of a recent survey of our employees here at BLR are in and, frankly, I’m concerned. You see, our survey contained 27 statements about our work environment. The employees were asked whether they agreed with each statement and how strongly they agree or disagree with it. The statements covered individual, departmental, and...
Andy Goes Soft
Litigation value: $200,000 for Andy’s severe emotional distress. Possible future litigation for his termination. Not subtle. Not subtle at all. Nellie has already usurped Andy’s manager status. Then she hauls Andy and his coworkers into a conference room and writes “IMPOTENCE” in bright red letters on the flip chart. Robert...
D.C. Circuit Blocks Implementation of April 30 Posting Requirement
The ongoing saga of delays and extensions of the National Labor Relations Board’s (NLRB) notice posting rule continues, this time with an injunction. The U.S. Court of Appeals for the District of Columbia Circuit has granted a request to halt the implementation of a rule that would require all employers subject to the National Labor Relations...
South Carolina Court Says “No” To NLRB Posting Rule
By Richard J. Morgan For over 75 years, the National Labor Relations Board (NLRB) was one of a very few federal labor agencies that didn’t require employers to post a general notice of employee rights in the workplace. Yet, on December 22, 2010, the NLRB decided it would change its 75-year history. On that date, the NLRB proposed a rule that...
Three Skill Sets Crucial to Business Success
I once read that you need three people to run a successful business — a creative leader, a businessperson, and an asshole. (Sorry, but that’s what it said!) As I recall, the argument went that you need a creative type who has that intuitive ability to judge what the market wanted whether it was in product development or marketing. You...
Parents of Special Needs Kids Finding Support at Work
Last month, Diversity Insight writer Tammy Binford explored the legal issues involved when employees must juggle work and special-needs parenting collide. Now, she looks at how employers can help their employees balance work and their obligations as parents of special needs children. By Tammy Binford Parents of children with special needs often...
