On March 1, reversing the Court of Appeals, the Arkansas Supreme Court ruled that a part-time grocery store security guard was an independent contractor, and not an employee, for purposes of Workers' Compensation.
The significance of this decision for newspaper publishers in Arkansas is that the primary factors relied upon by the Arkansas Supreme Court are usually present in the contract relationship between newspaper publishing companies and its independent contractor newspaper carriers.MORE
Recently, a former newspaper carrier filed a wage claim with the North Carolina Department of Labor, claiming employee status at a daily newspaper in the state. The newspaper carrier filed with the state Department of Labor, rather than federal DOL, because the federal wage and hour law contains a complete exemption for newspaper carriers; the North Carolina wage and hour law does not.
Of course, the newspaper stated that the individual was an independent contractor, not an employee. As part of its investigation, the North Carolina Department of Labor asked the company to provide specific information, in order to determine whether there was an employer/employee relationship.MORE
On Feb. 26, the NLRB vacated its recent ruling in the Hy-Brand Industrial Contractors case, which overruled the National Labor Relations Board's controversial Browning-Ferris decision.MORE
SNPA is launching a new series of free "P2P" video conferences for publishers that will help publishers grow revenue and sharpen their management skills.MORE
In this column, I have been predicting for some time that when all three Republican seats of the five-member National Labor Relations Board were filled by President Trump's appointees, the NLRB would begin reversing/overruling some of the Obama Board's more egregious decisions that demonstrated an outright hostility toward employers.
Chairman Philip A. Miscimarra's term expired on Dec. 17, 2017. On Dec. 14 and 15, Chairman Miscimarra went out "with a bang!"MORE
To inspire employees and command respect, always speak and act in the organization's best interests. Here are some tips to help you lead by example.MORE
This month's column reports on two National Labor Relations Board administrative law judge decisions involving the issue of whether someone is an employee or an independent contractor. In both cases, former NLRB General Counsel Richard Griffin had urged the ALJ to rule that merely classifying someone as an independent contractor is an independent violation of the National Labor Relations Act. This is legal adventurism in an attempt to make new law.
In one of the cases, the ALJ found independent contractor status and chose not to reach that novel issue. In the second case, the ALJ found employee status and agreed with the NLRB general counsel, finding that the misclassification of the individuals as independent contractors was a per se independent violation of the NLRA. With a new management majority sitting on the NLRB in Washington, let us hope that this legal adventurism will be reversed.
I also report on a new NLRB case involving an employer's texting and confidentiality rules, as well as a new court case addressing the ability to discover social media passwords in litigation.
This may be my final blog post, for reasons I explain in its opening paragraphs.
So I'm using this last opportunity to sum up the huge challenge that faces newspaper companies – and the things I believe could possibly turn the tide from ongoing decline to growth.
It's a very tall order – but with the right leadership and commitment of resources, perhaps it could be done.MORE
One drawback to great teamwork is that, because of the effort and time it takes to work well together, team members may become isolated from the rest of the organization. To keep that from happening to your team, here are some questions team members should be answering periodically.MORE
On Nov. 8, by a vote of 49 to 46, the U.S. Senate confirmed President Trump's nomination of Peter Robb to be the next NLRB general counsel. Robb, a management labor lawyer from Vermont, replaces Richard Griffin, whose term expired on Nov. 4.
In this column, also read an update about the U.S. Department of Labor overtime rule, news about an EEOC case, plus a case regarding the ADA.MORE
SNPA needs every publisher's help with an important survey as we – and our partners with Stop Tariffs on Printers & Publishers (STOPP) – collectively fight the newsprint tariffs on Canadian newsprint.
We ask that you answer as many questions as possible by July 3. https://www.surveymonkey.com/r/TariffImpact2018More
Every day presents a new opportunity. Oftentimes we're unable to seize the moment because we're mired in old habits, doing the same thing over and over again.
Some people believe that they can't change and say, "That's just the way I am." You can change. You can start now. It could change your life today and you don't have to wait for July 1.More
On May 21, the United States Supreme Court issued its long awaited decision in Epic Systems Corp v. Lewis. Justice Gorsuch delivered the opinion of the court. Rejecting the position of the National Labor Relations Board, the court ruled that employers and employees may lawfully agree that any disputes between them will be resolved through one-on-one arbitration. The court ruled that under the National Labor Relations Act, employees do not have the right to file class or collective actions, no matter what they agreed with their employer.More