The debate over the Employee Free Choice Act (read more here) has made many business owners think about the complicated issue of unionization. But what they are probably not thinking about are the numerous federal rules that govern labor relations for business owners regardless of whether or not their businesses are unionized.
"You non-union employers probably don't think about the National Labor Relations Act, because you don't think it applies to you. That's a myth," says Karen Harned, executive director of the Small Business Legal Center at the National Foundation of Independent Business. Today she hosted a webinar for small-business owners about labor laws, and I listened in.
The NLRA applies to any business that "affects commerce"--so pretty much any business, regardless of number of employees, can be construed to fall under the law. Any activites that would "intimidate," "coerce," or "discourage" an employee from forming or joining a union (or similarly coerce them into joining a union) are deemed "unfair labor practices" under the NLRA, according to Harned. An example of how an employer could intimidate his or her employees is through a broad "anti-loitering" rule that would seek to prevent workers from planning to organize. Anti-loitering rules can be done, but they must be narrowly tailored to avoid running into the NLRA. To continue this example, if you have anti-loitering rules in place at your business, they must only apply to the interior of the working areas, they must be clearly communicated, and must apply to all off-duty employees seeking access to the working area.
...continue reading.
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Yesterday Thomas Friedman mentioned the idea of revamping Sarbanes-Oxley to make it easier to start a small business. But what does a law aimed at requirements for public companies have to do with starting a small business? Read my post at Capital Commerce.
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Liquidations are back in the news again, with this AP story tracing where alleged Ponzi schemer R. Allen Stanford's furniture ended up. AMC Liquidators of Fort Lauderdale, Florida has been selling his stuff off:
Michael Grimme is the owner of AMC. His business specializes in emptying hotels, offices and stores of unwanted furnishings and then reselling them. Business is up in recent years due to bankruptcies and downsizing. AMC is among many companies that have flourished during the downturn because even the wealthy have fallen on hard times. Repossessors take back yachts, planes and luxury cars, and even pawn shops have seen a rise in rich folks selling items.
Related to this topic are going-out-of-business and liquidation sales, the latter of which are run by companies like AMC. Companies going out of business like Circuit City turned to liquidator companies when they were clearing out stores a few months ago. Consumers saw that there wasn't much reason to rush to these "deals." Check out my article on what consumers should know about these sales and similar ones.
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Perhaps the strangest small business I've ever blogged about is no more. Yesterday morning, the small-town Maine coffee shop that made headlines for its revealing staff burned to the ground, CNN reports.
Authorities say it was an act of arson. There was no business insurance to cash in on. Was this the work of some crazed pyromaniac? Someone trying to make a political or moral statement? Both?
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Over at Capital Commerce, check out how the federal government is driving jobs in U.S. cities, and some more thoughts on the GM takeover and the meaning of "socialist" policies.
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Over at Capital Commerce, I muse about the credit card bill Obama just signed into law.
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