Time & Attendance
By Mark Kobata
Jun. 3, 2014
Murtis Taylor Human Services Systems called employee Christine Zeh into an interview to investigate Zeh’s Medicaid billing work and possible misuse of sick-leave benefits. Another employee, union delegate Alton Hill, also attended the interview to represent Zeh. When the company’s human resources director would not state the company’s concerns and would only refer to Zeh’s possible “conflict of interest,” Hill repeatedly asked for clarification and advised Zeh not to answer the questions. Following the interview, Hill was suspended for “obstructing” the company’s investigation.
Hill filed an unfair labor practice charge with the National Labor Relations Board alleging that Murtis interfered with his right to serve as Zeh’s representative. The NLRB held that Hill had a right to press the employer for clarification of its charges against Zeh, and that Hill had not obstructed the employer’s interview of Zeh. While Hill had advised Zeh not to answer particular questions, he had not interfered with Zeh’s giving answers, and she made the decision whether to answer the questions. Murtis Taylor Human Services Systems, 360 NLRB No. 66 (March 25, 2014).
Impact: Employers may not generally discipline an employee union delegate for advising an employee during an investigative interview.
James E. Hall, Mark T. Kobata and Marty Denis are partners in the law firm Barlow, Kobata and Denis, which has offices in Los Angeles and Chicago. To comment, email firstname.lastname@example.org. Follow Workforce on Twitter at @workforcenews.
Come see what we’re building in the world of predictive employee scheduling, superior labor insights and next-gen employee apps. We’re on a mission to automate workforce management for hourly employees and bring productivity, optimization and engagement to the frontline.
ComplianceMinimum Wage by State in 2023 – All You Need to Know
Summary Twenty-three states and D.C. raised their minimum wage rates in 2023, effective January 1. Thr...
federal law, minimum wage, pay rates, state law, wage law compliance
LegalNew Labor Laws Taking Effect in 2023
The new year is fast approaching, and with its arrival comes a host of new labor laws that will impact ...
labor laws, minimum wage, wage and hour law
LegalWage and Hour Laws in 2022: What Employers Need to Know
Whether a mom-and-pop shop with a handful of employees or a large corporation staffing thousands, compl...
compliance, wage and hour law