Government’s take on profanity in the workplace… August 18, 2023
The National Labor Relations Board (NLRB) recently issued a decision in a case called Stericycle. Stericycle deals with the seemingly trivial issue of employee handbooks and whether provisions in those handbooks violate the National Labor Relations Act (NLRA).
However, the real-world implications for employers are anything but trivial, as the NLRB is once again using an indecipherable standard to second-guess every phrase in employee handbooks.
Already problematic: In Stericycle, the NLRB revived the Obama-era standard which used an extremely anti-employer interpretation under which seemingly innocuous employee handbook language was found unlawful.
Take a look at Starbucks: In early August, Starbucks was hit with a complaint for what most people would consider benign handbook language. In the company’s handbook, it states: “The use of vulgar or profane language is not acceptable.”
Leaving employers in a bind: The legal gymnastics required to argue that the language from the Starbucks handbook is illegal are impressive. Unfortunately, it leaves employers in a bind. If a business cannot prohibit its employees from using profanity with customers:
Will customers return to a business after experiencing profanity?
Will employees stick around at a workforce where co-workers can be rude to one another and use profanity?
Will recruiting and retaining staff be more difficult?
Last week, a series of unprecedented wildfires broke out in Hawaii. Affecting the islands of Maui and Hawaii, the wind-driven fires have prompted evacuations, caused widespread damage, and took the lives of many Americans.
What we're doing: The U.S. Chamber of Commerce Foundation is closely monitoring the devastating wildfires across Hawaii and coordinating with the Chamber of Commerce Hawaii.
The U.S. Chamber Foundation also has a number of business-led solutions to help small businesses recover during this critical time. If you know of small businesses in Hawaii that are impacted or are at risk of being affected, please share these resources that could help.
What you can do: The Chamber of Commerce Hawaii’s Foundation is raising funds to rebuild impacted business communities on Maui, Hawaii Island, and throughout the state of Hawaii. Click here to make a donation.
Learn more: Click here to learn more about the evolving situation and to find additional reputable donation sources to help the people of Hawaii.
America's Worker Shortage: New State-Specific Data
America is facing a worker shortage crisis: There are too many open jobs without people to fill them. The U.S. Chamber's state-specific resource center has new data about the labor shortage that you won't want to miss.
Job openings by state: The vast majority of states have more job openings today than it had before the pandemic, while labor force participation remains below pre-pandemic levels.
State labor force participation rates compared to the national average: The U.S. has lost millions of workers since the start of the pandemic. As of June 2023, the national labor force participation rate is .7 percentage points below pre-pandemic levels.
That equates to 1.9 million workers who have left the workforce since the start of the pandemic in February 2020.
How each state's labor force participation compares to pre-pandemic: Only eleven states have a higher percentage of their labor force working than before the pandemic. The vast majority have seen their labor forces shrink because of early retirements, increased savings, less immigration, among other factors. Click here to learn more and to see how your state compares.
Learn more: See how your state is impacted by the worker shortage here and learn more about the U.S. Chamber's America Works Initiative here.
Artificial Intelligence (AI) is leveling the marketing playing field between small and big business.
Why it matters:
Small businesses usually have fewer resources than large enterprises, but they can use AI to bulk up their operations.
AI can help small businesses do more in less time at a lower cost or for free.
We are at the early stages of adoption—an estimated 25% of small business respondents in a May 2023 survey said they are using or testing generative AI — so small to medium-sized businesses can outpace competitors by embracing the technology.
The advantage: AI delivers a range of advantages to small businesses, such as:
Cost savings due to improved processes.
Helps small businesses focus on what they do best.
Don't Forget: Tell Congress to Secure Our Borders and Expand Legal Immigration
The U.S. Chamber of Commerce—together with over 430 business associations from all 50 states—launched the Legal Immigration Border Enforcement This Year (LIBERTY) Campaign and called on elected officialsto secure our borders and update our broken legal immigration system. Here’s a look at how the LIBERTY Campaign plans to fix America’s broken immigration system.
The problem: The situation at the border is chaos. Our immigration system fails to meet the needs of businesses and imposes significant costs on communities and our economy. These issues can only be addressed with bipartisan Congressional action.
What the country thinks: The vast majority of American voters—both Republican and Democrat—support policies to strengthen border security and make it easier to immigrate to the U.S., according to a recent Fox News poll.
What you can do: Click here to tell your elected officials to secure the border and fix our broken legal immigration system.
