Employment attorney Alan Crone was recently invited on Scripps News to talk about the origination of Labor Day! To watch the video, check out the link below. If you want to read the transcription of his closer look at Labor Day, check it out below the video.
A Closer Look at Labor Day
Julie
Alan Crone is an employment law attorney. He’s also the CEO and founder of the Crone law firm. Alan, thanks for joining us. Let’s talk a little more about what labor day really is and how it has evolved through the years.
Alan
Well, thank you, Julie. It’s nice to be here. Yeah. Labor day actually started in the 1880s, 1890s as way to recognize the growing labor movement in the United States. And today we celebrate it much in the same way we celebrate memorial day, to remember those folks who made sacrifices to give the American workforce what few rights that it does have.
Julie
Well, Alan, why is it important for employees to know their rights?
Alan
Well, I think it’s important for employees to know their rights so they can stand up for know the United States is an employment at will country. By and large, there are a few exceptions to that, a few states that have just cause provisions. But basically, anybody can be fired at any time for any reason under the employment at will doctrine. And over the years, starting in the 1890s, there were exceptions drawn to that. And so to have protections now, you have to fit into one of those categories or engage in certain protected activities. It’s important now more than ever for people to understand those rights and to exercise them and to help other people exercise them when they’ve been breached.
Julie
Sure. Well, let’s talk about the holiday season fast approaching. What’s typically the most common issue in the workplace that you see around this time of year? Would it be time off?
Alan
Time off is a big issue because, as you say, the holidays, people want to be with their friends and family, and so there may be scheduling problems. One issue that comes up towards the end of the year is overtime. You’re entitled to time and a half of your regular rate of pay for every hour you work, over 40 in any given work week. And so in a lot of retail settings, manufacturing settings, the last two quarters of the year are the most busy, and so many workers are called on to work longer hours. And very often, bosses will try to get people not to claim overtime because they’re also looking at the bottom line.
But the overtime protections are very important, as are scheduling. And then that’s where a union environment can be helpful, because the union is able to negotiate those scheduling issues either based on seniority or other means that can be helpful. If you’re not represented by a union, then you really are at the mercy of management to decide when and how long you work.
Julie
Right. We don’t have that extra layer. Well, Alan, you believe 90% I believe this is accurate of employment law issues are actually caused by communication issues. Why do you think that is? And how can a lot of these things just be resolved without going to the next level?
Alan
That’s a great question. And I do believe that that we’re all human beings. And one of the most challenging things for any human interaction is to make sure that you’re communicating effectively. And the American workplace, because there’s so many laws and so many rules and because for so long, the negotiating position between employer and employee was so disparate, we don’t really have a good track record of being able to communicate. And so sometimes employers don’t communicate their expectations clearly. Sometimes employees don’t communicate maybe why they’re having a problem very clearly.
And so I think it’s incumbent upon everyone in the relationship to take time to try to slow down the situation, particularly if there’s a conflict coming. Maybe it’s a performance issue, maybe it’s just a political issue or some sort of personality conflict. And we’ve got to really learn to talk to one another, to confront one another in a positive way. And if we do that, then we may not have as many work related disputes as otherwise would have.
Julie
Communication key to many, many things. Employment law attorney and CEO and co founder of the Crone law firm, Alan Crone. Thank you so much for breaking down those issues for us.
Alan
My pleasure. Thank you so much. Thank.