The document is an overview of recent changes presented by Matt Austin at the Mid-States Meat Association 2013 Convention. It discusses changes affecting labor, employment, and OSHA regulations for the meat industry. Key topics covered include the NLRB's impact on union and non-union companies, common wage and hour mistakes, and OSHA's more aggressive enforcement including increased inspections and penalties. The presentation provides meat industry professionals information on current trends and compliance issues.

1. The Constant in
Labor, Employment, and OSHA:
CHANGE
Overview of Recent Changes
Affecting the Meat Industry
Presented by Matt Austin
Presented at Mid-States Meat Association 2013 Convention
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com

2. LABOR
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com

3. How the NLRB Impacts Every Company
• Micro Bargaining Units
• Persuader Rules
• Social Media
• Arbitration Agreements
• Confidential Workplace Investigations
• Open Door Policies
• At-Will Disclosures
• Moonlighting Policies
• Off-Duty Access to Company Property
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com

4. How the NLRB Impacts Union Companies
• Bargain Over Discipline During First Contract
Negotiations
• Dues Deduction Survives Expiration of Agreement
• Beck Objectors Increased Dues
• Witness Statements
• Back Pay, Front Pay, Interest, Taxes
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com

5. What to Expect From NLRB in the Future
• Shorter Election Cycles
• Hang the Poster
• Unions Granted Equal Access
• Email for Union Organizing
• Card Check
• Temporary Workers
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com

6. EMPLOYMENT
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com

7. One Trend: Wage and Hour
• 7,000 lawsuits filed in 2011
• $1,000,000,000 paid out to employees
• Expected to continue to grow
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com

8. 4 Common Mistakes
• Not knowing who is exempt and who is not exempt
• Not recording / paying for actual time worked
• Not paying for breaks and meals
• Classifying employees as independent contractors
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com

9. Common Example of
Explosive Damages
• Employee makes $15.00/hour
• Spends 5 minutes daily in unpaid pre-shift meeting = 1.25/day
• Multiply $1.25 by number of employees, let’s say 100 = $125/day
• Multiply $125 by Ohio look-back 3 years = $125 x 365 x 3 = $136,850
• Plus must pay plaintiff’s legal bills, sometimes more than plaintiffs
recovery
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com

10. OSHA
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com

11. OSHA Inspections
• OSHA is as aggressive as current NLRB
• 1260 establishments targeted for inspection in 2013
• Anyone can trigger an inspection
• Know your rights during an inspection
• “Other Than Serious” is a set up for “Repeat Violator”
• “Regulation by Shaming” –David Michaels
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com

12. OSHA’s Scary Statistics
• Doubled minimum penalty to ~ $20,000
• No longer treats facilities as independent
• Looks back 5 years for OSHA enforcement instead of 3
• Total inspections under Obama +6.2%
• Citations classified as Serious +22%
• Citations classified as Repeat and Willful +225%
• Citations classified as Other than Serious -10%
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com

13. OSHA’s Scary Statistics
• $100,000 penalties in 2006 = 99
• $100,000 penalties in 2011 = 215
• Number of enforcement press releases in 2008 = 161
• Number of enforcement press releases in 2011 = 588
• One-Third of Severe Violator Enforcement Program
companies are in OSHA Region 5
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com

14. QUESTIONS?
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com

15. The Constant in
Labor, Employment, and OSHA:
CHANGE
Overview of Recent Changes
Affecting the Meat Industry
Presented by
Matt Austin
17 South High Street, Suite 810, Columbus, Ohio 43215 | P: 614.285.5342 | Matt.Austin@Austin-Legal.com