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
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
Newspaper companies can't take a passive approach in how they approach the hiring of salespeople. They must implement a proactive hearts-and-minds marketing campaign in order to build what Charity Huff, managing partner of Maroon Ventures, calls the A-Team.
During the SNPA-Inland Annual Meeting, Huff shared proven, successful strategies to build a productive sales environment, maintain a healthy pipeline of qualified sales professionals, and reach new customers with compelling marketing tactics.MORE
Learning to be a good coach for your employees doesn't mean mastering complicated techniques or memorizing dozens of rules as much as simply developing the right attitudes in yourself. To be an effective coach, you need to follow some basic guidelines to help you cultivate the habits and perspective that bring out the best in your staff.MORE
This writer and many others predicted that the Department of Labor, under the leadership of Secretary Acosta would publish a new proposed rule in March 2019. The new proposed rule would increase the salary level threshold that must be met in order to be overtime exempt under the Federal Fair Labor Standards Act.
The new proposed rule, announced March 7, will increase that threshold from $23,660 per year (or $455 per week) to $35,308 per year (or $679 per week). This new threshold is far less than the threshold proposed by the Obama administration that was permanently enjoined nationwide by a federal court in Texas.More
On Jan. 25, the National Labor Relations Board, in a three-to-one decision, ruled that Super Shuttle drivers at the Dallas Fort Worth Airport were independent contractors and not employees.
This case is especially good news for the newspaper industry. The board in the new Super Shuttle case specifically referenced its decision in St. Joseph News-Press, a 2005 decision. In that decision, the NLRB found that home delivery carriers, single copy carriers and bundle haulers were all independent contractors.More
Daily newspapers that are members of SNPA have a FREE tool to let them benchmark their salaries against those of other member newspapers.
SNPA daily newspaper members are encouraged to take part in the 2019 Survey of Newspaper Salaries, which includes job listings and several additional introductory questions – all designed to give you better data with which to evaluate your compensation plan. And, it's all FREE – if you share your data for the survey by Friday, May 17.More