Who took the big hit?

It does not take a study to prove the overwhelming brunt of the losses from the 2007-2010 "Great Recession" affected the middle class more profoundly than the wealthy or, for that matter the poor. But here is one that does. Simple take aways:

1. Middle class wealth has "collapsed" to a 40 year low.
2. Wealth is more concentrated in this country than income, because many people expend all of their income on living expenses, but those fortunate enough to have "a bit extra" benefit from  government policy favoring investment income over earned income.
3. The major asset for the middle 60% of households  is the family home, which constitutes 2/3rds of the wealth of that group of Americans.
4. For the top 1%, the family home represents less than 10%, and for the next 19%, about 30% of their wealth.
5. Debt, a lot of debt exacerbated the problem.

Respect, find out what it means to ee's

This guy nails it. All employees want self respect, and a good boss/leader knows how to give it and knows how *not* to take it away.

Which professions entice psychopaths?

Well, lawyers are right up there at number 2, just after CEO's and eight spots above chefs.

Immigration change of heart?

The Republican party seems to have awakened to addressing a reality based immigration policy. It took the crushing reality of an electorate increasingly unfavorable to hard line positions on immigration, but moderation on the issue now seems positively to warn the hearts of reasonable Republicans. Many economists have suggested immigration reform is good for the economy, if not necessary to ensure labor is available to fill the positions which will be created in the 21st century.

Red faced

In representation elections an employer cannot poll the voters. Its an unfair labor practice. Every now and then the employer's attorney gets fooled and everyone is surprised at the loss the union puts on the employer. I've never had this type of embarrassment in a representation proceeding. Knock on wood.

Did labor defeat Romney?

Did Republican governors in picking a fight with unions in Ohio and Wisconsin cost Romney the election? The unions think so.

Job growth in October BTE

The Bureau of Labor Statistics final jobs report of the 2012 election cycle is better than expected. The 171,000 jobs created exceeds the ADP estimate released earlier in the week. The unemployment rate ticked up to 7.9% because more workers rejoined the ranks of job seekers. This is the 33rd consecutive month the economy has added jobs. In addition to the October jobs growth, the BLS raised the previously released numbers for August (+142,000 to +192,000) and September (+114,000 to +148,000)

Jobs reports + 158,000

The October jobs report, set for Friday release by the Bureau of Labor Statistics may be the most anticipated significant event remaining in the 2012 presidential campaign. ADP's private sector payroll report released today notes the private sector added 158,000 jobs during the month. Over half of the jobs creation was by large businesses having more than 1000 employees. The BLS report, which will include information on public and private sector jobs, has during the great recession, reflected a bit smaller jobs growth due to the inclusion of the public sector information. Interesting also it appears ADP has changed its methodology in advance of this latest report. That fact is certain to inspire partisan wrangling over the report's results.

EPA/Ledbetter Act only for "trial lawyers

According to one labor economist, women in every state make a fraction of what males do. There are many causes but the bottom line remains the same. Utah (55¢/$1) tops the list for greatest disparity, followed by Wyoming (56¢/$1) and Louisiana (59¢/$1). State chart here. GOP senator Marco Rubio dismisses the Lilly Ledbetter Act as benefiting only trial lawyers. Now there are often explanations for pay disparity, and under the Equal Pay Act an employer need only prove there is a factor other than sex causing the disparity. Note, it is the employer's burden to do so one the claimant establishes a pay differential in circumstances where a female performs a job requiring the same skill, effort and responsibility, yet is paid less than males.

Union fines, political objective

Just finished discussing a labor organizations right to fine members with my labor law class. This link makes the points pretty effectively. Unions have the right to dictate certain conduct to its members, and members who fail to perform risk fines levied by the union. It also shows equally effectively that political trackers will say and do pretty much what has to be done to get the dirt.

October jobs report

Have the jobs statistics crossed the Rubicon? Or is it just a conspiracy to help President Obama's reelection? The statistics are compiled by the Bureau of Labor Statistics (BLS) which released its monthly report today. Unemployment dropped to 7.8% the lowest level since 2008. Although the job growth was modest (114,000) the numbers for prior months were also raised evidencing an incrementally improving jobs picture. Many on the right now claim the the BLS stats are cooked. And according to candidate Romney so is Big Bird.

NLRB decides first Facebook case

The NLRB has concluded that the firing of a car salesman occurred because he posted to Facebook photos about a dangerous accident which occurred at another dealership owned by his employer. The accident involved a Land Rover driven over a wall and into a pond after a test drive. The same day the salesman posted the accident photos he posted sarcastic comments about a "cheap" party given by his employer at a sales event announcing new BMW models. The latter photos were arguably protected concerted activity "because it involved co-workers who were concerned about the effect of the low-cost food on the image of the dealership and, ultimately, their sales and commissions." 

The NLRB affirmed the ALJ's conclusion that the Land Rover incident was posted solely by [the employee], apparently as a lark, without any discussion with any other employee of the Respondent, and had no connection to any of the employees’ terms and conditions of employment. It is so obviously unprotected that it is unnecessary to discuss whether the mocking tone of the posting further affects the nature of the posting.

While the discharge was upheld, the employer's rule requiring "courtesy" in employee to employee communications was overly broad, leading to a finding of a violation and an order requiring the employer to remove the rule from its handbook. 

Value of labor's experience and training

This post makes an especially poignant argument for training, experience and correlates both to hard work. Its got a pro-labor slant, but remove the politics and it makes a good case for not cutting corners when it comes to training and experience, whether the worker is a janitor or an NFL referee. The example of the NFL referees is the best argument favoring the labor theory of value to come around in a long time.

Cause/effect?

The lockout of the NFL referees has ended with the referees expected to be on the field tonight in Baltimore for the Ravens game with the Cleveland Browns. Not sure the NFL could take many more game ending calls like Monday's Green Bay Seattle debacle.

That wern't no touchdown, scab!

Wisconsin Governor Scott Walker has now sided with labor against management in one specific context. After a bizarre ending to last night's Packers-Seahawks game and Seattle benefitting from a controversial call, Gov. Walker now wants the locked out union referees back.

NLRB and social media

The NLRB has issued a recent decision striking down an employer's overly broad social media policy on the grounds it might intimidate employees in the exercise of Section 7 rights. In Costco Wholesale Corporation, 34-CA-012421. The Board overturned an ALJ's decision upholding a

rule prohibiting employees from electronically posting statements that "damage the Company . . . or damage any person's reputation.

The Board concluded this policy would reasonably tend to chill section & activity. page 2 of the decision does a pretty good job of laying out the potential problems with social media policies. There are three potential problems: chilling effect, a rule promulgated in response to union activity and application of the rule to restrict Section 7 activities. Any one of the three could lead to a violation. The Board hinted that an employer providing examples of proscribed conduct, and a disclaimer of coverage of Section 7 activities might avoid a violation, but the ultimate analysis is going to be the ALJ/Board's view of whether the policy and its context indicates any one of the three problems exist.

Trumka tells Mass. vote for the woman

AFL-CIO president Richard Trumka made a hard pitch to vote for Elizabeth Warren over Sen. Scott Brown in the Massachusetts Senate race, even though she's not one of the boys.

Player's in solidarity with referees

The NFLPA has taken sides with the locked out referees. In a letter to owners the Players' Association denounces the Commissioner and the lockout as creating significant safety problems for the players.

Referee pensions, its about that?

The NFL referee strike revolves around pensions according to this analysis, and the issue is not whether the owners can afford them rather their belief they can eliminate a defined benefit plan because no one else has one.

Public sector job decline

Well, more job truthifying, Paul Krugman, informs Sen. Rand Paul that public sector jobs have declined since Obama took office.  In disbelief Sen. Paul retorts "the growth of government is enormous under President Obama." No, really, government employment is smaller now than before President Obama took office. That a United States senator is surprised at this important fact is discomforting. Krugmsn provides a dramatic chart here.

Middling jobs growth

The Bureau of Labor Statistics reported net job growth in August was shy of 100,000. Private sector jobs expanded by 103,000 and public sector jobs declined by 7,000. THe unemployment rate dropped slightly to 8.1%.

Jobs, jobs, politics and lies

The jobs report from the Bureau of Labor Statistics is due out Friday. It will likely have a higher than usual effect upon the political scene. A better than expected number good for the President, and a worse than expected number better for Gov. Romney. The jobs issue is a major one for the 2012 campaign. Talking Points Memo does a good job of "truthifying" the debate.

Hurricanes and paying enmployees

What options exist for paying employees when a hurricane forces an employer to close?

• Non-exempt employees must be compensated only for hours actually worked. If the employer cannot, or does not provide work to those employees due to a natural disaster, it is not required to compensate them for hours not worked. An exception to this general rule exists where there are employees who receive fixed salaries for fluctuating workweeks. These are non-exempt employees who have agreed to work an unspecified number of hours for a specified salary. An employer must pay these employees their full weekly salary for any week in which any work was performed.

• As for other exempt employees, if they choose not to come to work due to transportation difficulties or other storm issues, but the employer is open for business, the employer may require the employee to use paid time off or vacation pay, or may choose to place the employee on unpaid leave. Any required use of PTO should be in full day increments., if the employee worked a partial day, then the exempt employee is entitled to full pay for that day.

• The employer will be required to pay an exempt employee’s full salary if the worksite is closed  or unable to reopen for less than the complete work week due to storm reasons. When the facility is closed for more than a complete work week, the employer is not required to pay exempt employees for any complete work week closure caused by the storm related closure.

It is also possible to require exempt employees to make up time missed. Issues regarding compensation are fact driven. Employers should consult with their employment attorney for specific advice. 

College and economic security

The Georgetown Public Policy Institute for has released a report detailing how much better off college graduates fared in the economic downturn. Key points

• unemployment rate for 4 year college graduates never exceeded 6.3% during the recession, compared with a peak unemployment rate of 13.4% in February 2010.
• unemployment rate for new high school graduates peaked at 30% in January 2010, and remained at 24% in May of 2012.
• during the recession (Dec. 2007-Jan 2010) there was modest job growth (187,000) for those with a bachelor's degree or better.
• During the recovery (January 2010-Feb. 2012) job losses for high school graduates or less education continued to decline (230,000) while job growth for those with some college (2,012,000) and Bachelor's degree or better (3,374,000) improved dramatically.
• Nearly 4 out of every 5 jobs lost in the recession were held by workers with a high school diploma or less.

There is a wealth of additional information.

Employer burden to justify ban on employees discussing ongoing investigation

In Banner Health Systems, 28 CA 023438, 348 NLRB No. 93, [Download here] the NLRB continues its aggressive expansion of protection for employee concerted discussions of workplace issues. In Banner, the employer had a blanket prohibition against discussion of its investigation of workers complaints. The Board rejected this approach as overbroad and required an individualized showing by the employer of its business justification for interfering with Section 7 rights. Money quote:

it was the Respondent’s burden “to first determine whether in any give[n] investigation witnesses need[ed] protection, evidence [was] in danger of being destroyed, testimony [was] in danger of being fabricated,or there [was] a need to prevent a cover up.” Id. The Respondent’s blanket approach clearly failed to meet those requirements.

This result is unremarkable given the text of Section 7;, yet the practical effect upon, and burden on employers during an ongoing investigation are potentially huge.