




U.S. Master™ Wage-Hour Guide, 2009 Edition ![]()
Presents a first approach to the broad and complex controls under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and other statutes regulating employee wages and hours.
Legislation amending the National Labor Relations Act (NLRA) to allow employers to discharge undercover union organizers, commonly referred to as "salts," was introduced in the House and Senate on June 10, 2009, by Representative Steve King (R-Iowa) and Senator Jim DeMint (R-SC), respectively. Called the Truth in Employment Act (H.R. 2808/S. 1227), the bill would add the following provision to Section 8 of the NLRA: "Nothing in this subsection shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or agency status." The legislation is intended to address Supreme Court precedent, which prevents employers from discriminating against salts.
The bill's findings state that "the tactic of using professional union organizers and agents to infiltrate a targeted employer's workplace, a practice commonly referred to as 'salting', has evolved into an aggressive form of harassment not contemplated when the National Labor Relations Act was enacted and threatens the balance of rights which is fundamental to the system of collective bargaining of the United States." Therefore, said the legislators, the bill would amend the NRLA to protect employers from being required to hire any person who is seeking a job in order to promote interests unrelated to those of the employer. The bill would also protect the right of employers to fire any employee who engages in a "salting campaign" instead of doing his or her job.
The House bill has been referred to the Committee on Education and Labor and the Senate bill has been referred to the Committee on Health, Education, Labor and Pensions.
For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.
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