Evan Pontz

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We have all heard the phrase “I’m from the government and I’m here to help.”  There are many different reactions to that phrase:  some are appreciative, some are cynical, and some are not appropriate to be repeated in this blog.  One recent effort to help by our federal government is sure to receive those varied reactions – and is also certain to bolster lawsuits against employers that are not meticulous about recording their employees’ hours and correctly paying their wages. 

You may have seen a recent news item about a woman who claims her supervisor told her to “change your bra, or you don’t have a job.”  No, this is not one more episode of sexual harassment in the workplace.  Instead, it is a somewhat awkward, perhaps amusing (at least for those not involved), definitely unique workplace situation – another example of why being an HR professional is never boring. 

There are plenty of HR professionals who do not deal with a unionized workforce.  Certainly some of them have an understandable tendency to gloss over matters concerning the National Labor Relations Board and similar topics.  The current NLRB (with three recent appointees of President Obama) wants you to pay attention to them, and is taking steps to make themselves and potential unionization issues relevant to every workforce.

Below is an Advisory that was issued this afternoon by Troutman Sanders’ Labor & Employment Group that shows how the NLRB intends to exert its influence onto every employer.  All HR professionals need to stay alert, pay attention, and tune in to these issues, even (and perhaps especially) if you do not have unionized employees.

Employment lawyers often say “No good deed goes unpunished.” We don’t mean you shouldn’t do “good deeds” to help, respect, thank, and reward employees and build stronger relationships. “Good deeds” are the right thing to do.  However, if not done thoughtfully, “good deeds” can cause unexpected “punishment.” Let’s take a simple example.