Jury awards $450,000 to employee fired over unwanted birthday party

Kevin Berling, a 10-month employee of Gravity Diagnostics, made a simple request of the manager of his office —"Please don't throw me a birthday party; I have an anxiety disorder."

What happened next spiraled into a lawsuit that lasted more than two and half years and ended late last month with a $450,000 verdict for the employee.

WIRTW #621: the “on the radio” edition

How do I know that labor unions are making raging comeback? Historically, my posts on unions, union organizing, and union avoidance would struggle on LinkedIn to break 1,000 views and would only garner a handful of likes and comments. Over the past few weeks, however, my posts on the dramatic and successful rise in union organizing have been viewed well over 100,000 times with hundreds upon hundreds of likes, comments, and shares. It's an issue that has raised passion on both sides.

How else do I know? Because my social and news feeds are full of stories about union organizing. I think I've read more stories about labor unions in the past 18 months than I did in the first two decades of my legal practice combined.

Yesterday, it was my pleasure to appear on Labor Relations Radio to discuss all of these issues. We covered the reasons for the rise in union organizing, why I'm anti-union (but pro-employee), the use of salts in the Amazon and Starbucks campaigns, and the NLRB's general counsel's Cemex brief, which calls for the NLRB to alter rules on mandatory card check recognition, the elimination of captive audience speeches, and other issues that will dramatically tilt the organizing playing field even more in favor of the unions than it already is.

You can listen here, or wherever you get your podcasts.

A huge thank you to Peter List for inviting me on his show. 

Here's what I read the past week that I think you should be reading, too.

Ohio enacts sweeping changes to state wage and hour laws

Beginning July 6, 2022, Ohio employers have a new set of rules under which to pay their employees. 

SB 47 revamps Ohio's wage and hour statute to correct some major differences that have historically existed between it and the federal Fair Labor Standards Act.

Protected concerted activity is an opportunity to engage with your employees, not to retaliate against them

"Due to the 6.8% inflation rate, all US workers are entitled to at least a 6.8% pay adjustment. We have received reports of some ABUSIVE EMPLOYERS not providing these adjustments. If you have not received such a raise, please ask your employer why your PAY WAS CUT."

"WHAT TO DO ON A BREAK TODAY: (1) Talk about your PAY. (2) Talk about your RIGHTS. (3) Begin ORGANIZING A UNION. GOOD employers are not afraid of these, but ABUSIVE ones are."

"You have a protected LEGAL RIGHT to discuss your pay with your coworkers. This should be done on a regular basis to ensure that everyone is being paid fairly. It is ILLEGAL for your employer to punish your for doing this."  

These comments, shared in the antiwork subreddit, appeared on sales receipts at an unknown and unnamed brewery.

“Salting” the wounds of labor organizing

One of the tactics workers used to successfully organize Amazon's Staten Island fulfillment center was the use of "salts."

"Salting" is a common organizing tactic used by labor unions. It is when union organizers apply for jobs with non-union employers for the express purpose of organizing the employer's workforce from the inside. In addition to organizing, the salts also try to inflict economic harm on the targeted employer by triggering unfair labor practice charges and resulting back pay liability. Salting is one the more underhanded methods of organizing used by labor unions.

It's devious, it's effective … and it's 100 percent legal. 

Why I’m anti-union

“Jon, why are you anti-union?”

I’ve received this question a lot lately. Between all of my posts about the need for all employers (including craft breweries) to pay attention to the recent wave of union organizing, and my philosophy of workplace management that focuses on positive culture and positive treatment of workers, many have asked why I oppose labor unions.

Let me explain.

WIRTW #620: the “straws” edition

Do you know? Non-plastic straws, such as those made of paper or plant material, can include wheat as a binder? Norah discovered this fact after we returned from our recent family Spring Break vacation to Hollywood, Florida. Her brother, Donovan, who has Celiac Disease, got glutened on our trip and we couldn’t figure out the source. 

Now we have a pretty good idea. Good catch Norah!

Hear all about the rest of our Spring Break on this week's episode of The Norah and Dad Show, available on Apple Podcasts, Spotify, Google Podcasts, or wherever you listen to podcasts.

Here's what I read the past two weeks that I think you should be reading, too.