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Workplace Safety and Health Law Blog

Posts from May 2014.

Preparing For Union Embarrassment Tactics
The areas of labor, employment, and safety exposure which present very real threats to the distribution industry.

At the end of the May 12th ASSE-Georgia’s Health and Safety Professional’s Conference, we had 30 minutes of spontaneous Q&A about the use of Attorney Client Privilege and Work Product Protection for safety audits and accident investigations. Even sophisticated employers remain confused about when and how to use the protections afforded by Attorney Client Privilege and the Work Product Doctrine. Employers may believe that simply sending an audit to their counsel will result in the audit being protected. Likewise, some employers believe that if their counsel retains an expert, the expert’s work and report will automatically be protected. Other employers believe that their counsel can after the fact treat a document as privileged when the employer sent that document to the attorney after its creation.

Fast food workers are difficult targets for union organizing efforts, but its simply too large a market for unions to ignore. Moreover, the fast food industry is an easy target for demands for a “living wage” and attacks on the use of temporary or part-time employees. (expect to see these themes more and more as elections approach). Beginning in 2012, we saw protests in as many as 100 cities. The protests, combined with other efforts, have resulted in a great deal of press for the “living wage advocates” and even resulted in National, State, and local laws raising the minimum wage.

I question whether the union’s strategy of publicly embarrassing restaurants in front of customers will bring in members, but it is clear that unions are going to increase their public attacks. So I was not surprised to read the following headline on CNN Money Today, “Fast Food Workers Strikes Planned In 150 Cities.” You may recall that beginning in 2012, union driven protests demanding a “living wage” occurred in approximately 100 cities ...

Those of you who follow the FP Workplace safety blog or the howardmavity.com site know that I try to generate new product every few days but have of late been conspicuously silent. Part of the reason is that I have been on the road to speak at various safety-related conferences. I was impressed by the groups’ efforts and I learned from the attendees and presenters. Please support such groups’ efforts.

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