Semmes Legal Articles

Semmes offers articles, relative to different areas of law, for information-purposes only. Semmes assumes no responsibility for the accuracy or timeliness of any information provided herein. The articles and information may not apply to your unique situation, and are not intended to be used as a basis for any particular course of action or as a substitute for legal advice.

How To Be And Remain Union-Free

April, 2000 | By Donald F. Burke

Unions are a mere possibility. They are not inevitable. Since their heyday in the 1950s, the organized workforce has shrunk from around 35 percent to approximately 10 percent of the total private-sector workforce. This trend is continuing and instructs us that employers who take the threat of unionization seriously and have a true commitment to reducing this threat by lawful means are likely to be, and remain, union-free. The key to remaining union-free is “doing what is right and fair” to employees. “Doing what is right and fair” results in a clear advantage to the employer faced by union organizing activities. As a consequence of “doing what is right and fair,” employees will ask the organizer, “who needs the union anyway,” and “why should I pay for what I already have?”

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Gender and Workers’ Compensation Claims

March, 2000

A recent study by the National Council on Compensation Injuries (“NCCI”) found that male workers are more likely to sustain workplace accidents, although females are more likely to file claims for occupational diseases and cumulative trauma. The study, “Gender in Workers’ Compensation Claims,” showed that male employees were more likely to file claims for traumatic…

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House Votes To Block OSHA Rules

March, 2000

In the Winter 2000 edition of our Newsletter, we reported on new ergonomic regulations proposed by OSHA concerning alleged repetitive motion disorders. If adopted, these regulations would have required employers to establish comprehensive plans to monitor, control and reduce workplace hazards associated with repetitive motion disorders through management investigation, employee interviews, additional training, and advice…

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Harassment In The Workplace

Training Materials for Supervisors & Managers

March, 2000 | By Donald F. Burke

Liability for workplace harassment, including racial, religious, disability, and sexual harassment, is increasingly a concern for private and public employers. How to react to allegations of workplace harassment is one of the trickiest questions facing human resources and other corporate managers today.

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Government-Mandated Records And Reports: Consideration for Every Employer

February, 2000 | By Donald F. Burke

Whether you call it document retention policy, records management, or even document destruction policy, every employer should have one.

The first step in formulating any record retention policy is understanding the maze of federal and Maryland laws that underlie a compliant policy. In particular, employers must consider requirements pertaining to the federal and Maryland wage/hour laws, affirmative action, EEOC, Immigration, COBRA, The Family and Medical Leave Act, workers´ compensation, The Occupational Safety and Health Act, tax withholding, and New Hire Reports.

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When Employees Are Vulnerable, Employers Are Too

January, 2000 | By Donald F. Burke

(Labor & Employment Newsletter – 2000) Bosses can be liable for workplace violence when they fail to prevent a known threat. Published in The National Law Journal, Copyright 2001, All Rights Reserved” View Article The above publication is saved in PDF format. You will need the free Adobe Acrobat Reader to view this document.

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