WIRTW #686: the “non-union label” edition

(With a huge tip of the hat to my friend Mike VanDervort for the idea), and inspired by the impending union election at Creature Comforts, I asked Bard, Google's AI assistant, the following question: "What are some good names for a union-free craft beer?"

Bard's suggestions:

• Free Range Ale
• Independent IPA
• Maverick Pale Ale
• Unshackled Wheat 
• Renegade Stout
• Free Spirit Saison
• Unbowed Brown Ale
• Unbound Amber Ale
• Defiant Pilsner
• Untamed IPA
• Wild Card Porter

But it is its rationale for choosing those names that is the most enlightening. 

These names all convey the idea of being free from union control, while also being creative and catchy. They would be a good fit for a craft beer that is brewed by a small, independent brewery that values its employees and gives them a fair wage.

There's a whole lot of wisdom in the statement that valuing your employees and paying them a fair wage is what a business needs to do to stay union free. So, crack open an Unshackled Wheat or an Independent IPA and toast those businesses that treat their employees like people, and not like replaceable widgets whose only goal is to make the company profits; they will be the employers that will remain union free, even as the NLRB is doing everything within (and without) its power to unionize as many businesses as possible.

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Can you hear me now?! Jury awards deaf truck driver $36M in disability discrimination lawsuit

$36 million is a number large enough to get anyone's attention. It certainly got the attention of Drivers Management, LLC and Werner Enterprises, Inc., after a federal jury awarded the EEOC that amount in a disability discrimination lawsuit it filed on behalf of Victor Robinson, a deaf truck driver, denied employment because of his disability.

OSHA wants to let union reps into your non-union facility

If OSHA gets its way, you might have to start opening the doors of your business to union reps during the agency's safety inspections.

Pursuant to a new rule proposed by OSHA, in the event of an OSHA inspection an employee can designate another employee or a non-employee third-party to accompany the OSHA agent during the physical workplace inspection.

WIRTW #685: the “good bosses” edition

I write about a lot of horrible, terrible bosses … the worst employers. 

Today, however, I want to use this space to shine a light on five really, really great bosses … specifically late-night hosts Stephen Colbert, Jimmy Fallon, Jimmy Kimmel, Seth Meyers, and John Oliver. This week, they launched a new podcast — Strike Force Five — to raise money for their employees that have been out of work since the WGA went on strike 122 days ago. 

The hosts are donating all proceeds they receive from the podcast to the out-of-work staff from their respective shows.

Do them a favor and show your support and appreciation by finding Strike Force Five in your podcast app of choice and subscribing. 

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DOL announced proposed rule to increase salary threshold for white-collar exempt employees

$1,059 per week. If the Department of Labor gets its wish, that amount will become the new salary threshold for its various white-collar overtime exemptions. Yesterday, the DOL published a notice of proposed rulemaking seeking to increase the FLSA's salary test from the current threshold of $684 per week ($35,568 annually) to $1,059 per week ($55,068 annually).

You will read a lot over the next couple of months that the DOL increasing its white-collar salary threshold by nearly 55% is a huge deal. I'm here to tell you that it really isn't.

NLRB opens the tap for a union election at Creature Comforts Brewing Company … but will it matter?

It took more than seven months, but the NLRB has finally directed a union representation election at Creature Comforts Brewing Company. The NLRB will soon hold a secret ballot election over whether employees wish to be represented for purposes of collective bargaining by the Brewing Union of Georgia. 

The bigger issue for Creature Comforts, however, is that even if it wins the election, the union will almost certainly use its four pending unfair labor practice charges against the employer to seek a bargaining order under the Board's recent Cemex decision (which the Board will apply retroactively).

EEOC busts a quartet of hospitality employers for pervasive sexual harassment

In a press release, the EEOC announced the filing of a series of sexual harassment lawsuits against Las Vegas hospitality employers. 

[The l]awsuits … allege sexual harassment towards employees by owners, supervisors and management, co-workers, and/or customers. The four lawsuits included allegations raised by workers throughout the hospitality industry, from housekeepers in hotels to waitstaff in both high-end and casual restaurants and bars. Allegations included the attempted rape of a young housekeeper, sexual assault, sexual solicitations, sexual comments, inappropriate touching, stalking, and other inappropriate behaviors. 

These lawsuits are consistent with agency's enforcement priorities as outlined in its just-released Strategic Plan, which includes targeting education and enforcement effots to protect vulnerable communities.