Episode 107: Back to the Salt Mines

Paul: Hello. My name’s Paul Edwards, and welcome to the WTHJH podcast. You’re about to listen to an episode of “What the Hell Just Happened in HR?”.

I’m an HR nerd who loves to talk about HR with just about anyone who will listen. So, during each podcast, we’re going to delve into the solutions for dealing with a real-life HR issue. Plus, occasionally, we’re going to share some big-company, HR-strategy ideas.

Keep in mind that for every HR problem you solve, there are state, federal, and local laws that govern what we can and cannot do. And now, let’s get started.

Tiana: Hi, Paul!

Paul: Hi, Tiana! I love that. You’re so cheerful today.

Tiana: Oh, yeah! I’m feeling bright and sunny today.

Paul: Nice! I’m looking forward to your question.

Tiana: Oh, boy. It’s a juicy one today. So, before I get into my question, I kind of want to set the stage a little bit. So, when it comes to NLRA considerations and compliance…

Paul: National Labor Relations Act. For our one listener, that’s the National Labor Relations Act. And, just so you know, if you’re our one listener and you have only one employee, it still applies to you.

Tiana: Still applies!

Paul: It applies across the entire country. And… should I explain a little more about what it is or are you gonna do that?

Tiana: I think you should explain it. This is actually a really good time… yeah let’s set the stage.

Paul: So, The National Labor Relations Act is enforced by the National Labor Relations Board, and it’s a little bit of a complicated thing, but I’m gonna simplify it for everybody. What the act basically says is that you cannot forbid your employees from discussing their benefits, wages, or working conditions. And, although the act is in service to unionization, it still applies whether or not somebody is trying to unionize. And I know our one listener doesn’t have a union coming at them right now…

Tiana: Right, not likely.

Paul: … but it still applies. Basically, it’s kind of like, look – if people can’t discuss their salaries or their safety conditions, if you forbid them from any of these things, then how could they improve their working conditions, much less join a union? And it’s a very well-known rule, it’s a very well-known law, and if you fall on the wrong side of this by, say, putting a policy in your handbook that just says, “Hey, you know, salaries are confidential.” If you put that kind of thing in your handbook that says, “Salaries are confidential and, therefore, employees are not to discuss it,” and you put some consequence, which is usually, you know, you could be fired for doing that, that’s actually not just a bad policy, that is an illegal policy. And it’s also a gift to opposing counsel and to the Board. They will come after you. I’ve seen them go after very, very small dental practices over this. So, okay…

Tiana: Yeah. Definitely happens.

Paul: So, that was for our one listener. Okay. Alright. I hope I set the stage and it wasn’t too much… Wake up everybody!

Tiana: You teed it up!

Paul: We’re getting to the question.

Tiana: Oh, we’re getting to it, and it is juicy. It is nerdy. So, okay. With everything that Paul has shared about the NLRA and where this applies to business owners – So, Paul, would you agree that normally, when we are looking out for NLRA issues, this comes up more in context of what the employee is saying, and an employer trying to regulate what the employee is saying?

Paul: Right.

Tiana: Okay, so, there was a recent article about a court case that took place related to regulating what the employer is saying on social media. So get a load of this.

Paul: Wow! Okay! I did not see this… So, everybody, this is a ‘What the Hell Just Happened?’ in HR. Tiana, are the tables being flipped here?

Tiana: The tables are being flipped.

Paul: Okay, alright.

Tiana: And this is a major ‘What the hell is going on, here?’.

Paul: Yeah, I have no idea how to answer this so this is gonna be good!

[Paul laughs]

Tiana: Okay, so, there is a news publication magazine, they’re called The Federalist. You might have heard about it.

Paul: Oh, yeah. I know The Federalist.

Tiana: Yeah! So, The Federalist, they’re the employer in this situation. They posted a tweet…

Paul: The Federalist are the employer?

Tiana: Yeah, The Federalist is the employer in this situation. They posted a tweet that says, “First one of you who tries to unionize, I swear, I’ll send you back to the salt mine.”

[Paul laughs]

[Tiana laughs]

Paul: That’s funny, but not funny.

Tiana: Yeah, funny but not funny!

Paul: So, look, I’m going to delve into this just a little bit. If we… circumstantially, I’m just gonna take some wild guesses here. We’ve got an awesome counselor in a local high school who is talking to kids and developing relationships in the community, and saying, “Hey, this kid just said he wants to be a dentist, or he might like to work in medical. Well, I can’t get him in a medical office, but I have a relationship with these two dental offices, and every summer I can get one or two people in there.”

Tiana: Right.

Paul: Hopefully our one listener is not a fan of The Federalist.

Paul: Thanks, Tiana. That was interesting.

Voiceover: Thanks for joining us for this week’s episode of What The Hell Just Happened?! If you have an HR issue or a question, you’d like us to discuss on this podcast, send it to podcast@WTHjusthappened.com. For more HR advice and insights from Paul and his team of experts, you can also join our private Facebook group, HR Base Camp or visit HRbasecamp.com. Make sure you tune in next week. And, remember: when you improve your workplace, you improve your life.

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