Is it time for a new NLRB rule on handbook policies?

Last week, in William Beaumont Hosp. [pdf], the NLRB issued yet another decision holding that an employer’s work rules unreasonably infringed on employees’ rights to engage in protected concerted activity. Not newsworthy, right?

What is newsworthy, however, is that the lone Republican currently serving on the NLRB, Philip Miscimarra, used the decision as an opportunity to publish a scathing dissent calling for a complete re-write of the NLRB’s rules on employer policies and protected concerted activity.

The 18-page takedown is a must read for any employer frustrated with its inability to draft facially neutral, reasonably based work rules.

Are you ready for medical marijuana?

Sooner rather than later, medical marijuana will be a reality in Ohio. Currently, there are three separate efforts to enact this law: two ballot initiatives and one piece of legislation.

What does this mean for Ohio employers? Let’s start with the legislation, H.B. 523.

WIRTW #408 (the “jobs are all jobs and sometimes they suck” edition)

Ken had a surly fan last night. But when life gives him lemons, he makes memes.

A photo posted by Rhett Miller (@rhettmiller) on Apr 7, 2016 at 12:55pm PDT

Even rock stars have bad days at the office.

Ohio introduces paid-sick-leave legislation

There is little argument that the U.S. lags behind the rest of the civilized world on paid sick leave. As the federal government has failed to act on this issue for all but a small minority of federal-contractor employees, the state and local governments have started to pick up the slack.

Now, Ohio is considering getting in the game. H.B. 511—the Family and Medical Leave Insurance Benefits Act [pdf]—would, in essence, create state-administered short-term disability insurance for employees who need time off for an FMLA-covered reason.

8th Circuit rejects obesity as an ADA-protected disability

In a closely watched case, the 8th Circuit Court of Appeals, in Morriss v. BNSF Railway Co. [pdf], has rejected a claim that the ADA protects “obesity” as a disability.

What issues are on the NLRB’s radar? Be afraid.

If you want to know the legal issues that are on the NLRB’s radar, you need to look no further than NLRB General Counsel Memo 16-01 [pdf], which lists those categories of cases that “are of particular interest and would benefit from centralized consideration.” In other words, which cases must the NLRB’s regions submit to D.C. for charge-or-don’t-charge decisions?

Several areas defined as “initiatives and/or priorities” caught my attention, and should catch yours too:

Winter is coming … for the FLSA’s salary test

In case you’ve been living in the dark for the past year, the FLSA’s salary test is due for some changes, and the changes are coming soon. The latest intel suggests that the reguations—which will increase salary-level at which employees will qualify for the administrative, executive, professional, and computer employee exemptions from $23,660 per year (or $455 per week) to an expected $50,440 per year (or $970 per week)—will publish in July with an effective date in September.

Last week, the George Mason University’s Mercatus Center published a comperehensive analysis of why these new regulations will be detriemental to employers and employees. The report (pdf here, h/t Overlawyered) is well worth your time if you are interested in a solid analysis of the intended and unintended consequences of adding an estimated five million additional workers to the rolls of the non-exempt.

I’d like to focus on one such unintended consequence—lack of workplace flexibility.