Illegal activities of Southern Bosses for the weeks between Friday, April 18, and Friday, April 25
Alabama Law Violators
From Hannah Denham at AL(dot)com:
A law firm is investigating an Alabama poultry processing company for laying off 165 people without adequate notice to employees or the state.
Chicago-based Strauss Borelli PLLC, a class action law firm, is investigating AlaTrade Foods for the late March layoffs at its Phenix City facility, its largest plant in Alabama.
“We believe AlaTrade Foods employees may be entitled to sixty days of severance pay and benefits,” the company said in a March 31 statement.
The investigation was first reported by the Montgomery Advertiser.
But in a March 24 letter, a representative for AlaTrade Foods told the Alabama Department of Commerce that the company planned to inform its employees of the layoffs on March 27. The facility is keeping another 125 of its current employees, said Randy Dorsett, director of human resources for AlaTrade Foods, in the letter.
The Commerce Department’s website lists the initial report date as March 28 for AlaTrade’s public notice.
Federal law requires large employers to file a public WARN notice with the state at least 60 days in advance of mass layoffs or plant closures. Those WARN notices are published by the Alabama Department of Commerce.
“The variety of products we have been accustomed to producing in our Phenix City facility has changed extensively over the past several years and we’ve made every effort, including significant investments to move as the market requires,” Dorsett wrote in the letter. “But unfortunately, our efforts haven’t produced the results needed for us to continue to operate in all areas as we would prefer.”
You can read more here.
Texas Discriminators
The Results Companies, LLC, a Fort Lauderdale, Florida-based business services outsourcing firm, agreed to pay $250,000 to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
According to the EEOC’s suit, The Results Companies hired an employee who is blind as a telephonic customer service representative to work from its call center in Wichita Falls, Texas. After accepting the position, the employee requested to use screen reader software as a reasonable accommodation so that she could review written material on her computer screen. Screen readers convert text and other information on computers into synthesized speech.
The lawsuit charged that the company did not take reasonable steps to facilitate the employee’s use of screen reader software, refused the employee’s suggestion that the company contact her vocational counselor and the publisher of her screen reader software to request technical assistance, and then fired her because she required the reasonable accommodation.
This alleged conduct violated the Americans with Disabilities Act (ADA), which prohibits employers from making employment decisions based on an individual’s disability or need for reasonable accommodation and requires them to make accommodations absent an undue hardship. The EEOC filed suit in U.S. District Court for the Northern District of Texas, Wichita Falls Division, after first attempting to reach a pre-litigation settlement through its conciliation process.
The two-year consent decree settling the suit, approved by U.S. District Judge Reed O’Connor, requires The Results Companies to provide internal training about rights and responsibilities under the ADA and implement a plan for handling requests for accommodation from future employees who require access to screen reader technology.
“Generalized conclusions will not support a claim of undue hardship,” said Travis Nicholson, director of the EEOC’s Dallas District Office. “It is important for employers to meaningfully participate in the interactive process once an employee requests a reasonable accommodation and gather information specific to the situation at hand, even if they may not be familiar with the requested accommodation.”
Union Busters
Brought to you by LaborLab: The nation’s leading watchdog standing with working families to stop employer coercion and intimidation. Visit www.laborlab.us for more info.
Here are the new filings from this week:
- Labcorp – Temecula/Hemet (CA) hired East Coast Labor Relations for $3,500/day
- Workers lost the union election 9-12; LM-20 filed after election
- Premier Health Partner (OH) hired C Hunt Management Consulting for $450/hour
- Amazon DCX8 (CA) hired Keith Williams via RoadWarrior Productions for $2,100/day
In addition, the following filings were amended:
- Flores Labor Relations amended multiple LM-20s (Fuyao Glass America, Canadian Solar, Mercedes-Benz, PPG Industries, GNS North America) to add their compensation rate of $425/hour and one LM-20 (Aquarium of the Pacific) to add their compensation rate of $200/hour
Due to a lack of enforcement, some labor relations consultants may disregard the law and fail to report their activities to the U.S. Department of Labor. Therefore, it’s crucial for organizers and workers to report suspected “persuader” activity to the U.S. Department of Labor’s Office of Labor-Management Standards (OLMS).
It’s crucial for organizers and workers to report suspected “persuader” activity to the U.S. Department of Labor’s Office of Labor-Management Standards (OLMS). You can reach them via email at OLMS-Public@dol.gov, by calling (202) 693-0123, or by contacting your nearest OLMS District Office.
For assistance, please contact LaborLab at contact@laborlab.us