Pamela Kovacs

Pamela Kovacs

Gray Plant Mooty

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Important News on the Equal Opportunity Jerk: Minnesota Workplace Bullying Bill Is Reintroduced

When I present harassment training, I tell my audience that harassment is usually unlawful only when based on a protected-class status, such as race, gender, age, disability, etc. During the training, I often tell the story...more

3/27/2015 - Employer Liability Issues Harassment Proposed Legislation Workplace Bullying

The GPMemorandum, Issue 189

In This Issue: - VICARIOUS LIABILITY - As Part Of Recent Actions, National Labor Relations Board Alleges Mcdonald’s Is A “Joint Employer” In Unfair Labor Complaints Filed Against Mcdonald’s Franchisees -...more


The NLRB's New Quickie Election Rules: How to Handle the Unwelcome Stocking Stuffer

Last week we mentioned the many stocking stuffers the National Labor Relations Board ("NLRB") handed out over the past few weeks in the form of rules and opinions modifying the union-organizing landscape. While unions...more

12/31/2014 - Ambush Election Rules Final Rules NLRB Union Elections Unions

New Regulations Simplify Reporting Requirements for Federal Contractors . . . Really, They Do!

If you do business with the federal government, chances are that you're feeling weighed down by the various new requirements placed on you over the past year. We’ve discussed these requirements in past posts below. That's why...more

10/9/2014 - Affirmative Action Compliance Federal Contractors Reporting Requirements Veterans VETS VEVRAA

Will Minnesota's New Medical Marijuana Law Leave Employers High and Dry?

Minnesota recently became the 22nd state to legalize medical marijuana use and, as part of the new law, to enact new potential employment protections for registered users of medical marijuana. Minnesota’s new marijuana law...more

7/17/2014 - Corporate Counsel Employer Liability Issues Marijuana Medical Marijuana New Legislation

Week in Review

Move over World Cup. Discipline based on employee social media activities is taking center stage this week. Well, maybe the World Cup has a few more headlines, but you can follow the links below to read four articles from...more

6/13/2014 - Accessibility Rules Adverse Employment Action Apple Cell Phones Cybersecurity Data Collection Employee Rights Employer Liability Issues Internet Lyft Mobile Apps Net Neutrality Social Networks Uber Websites World Cup

Are Provisions in Your Social Media Policy Overbroad? The NLRB Might Think So

Employers see social media as a new and different form of communication by their employees, requiring careful consideration and special policies. But according to a recent decision from a National Labor Relations Board...more

5/8/2014 - Disclosure Requirements Employment Policies NLRA NLRB Section 7 Social Media Social Media Policy

Week in Review

Are you working in your pajamas right now? Or from the beach? If so, you may be one of the many Americans who telecommute. This week, a Forbes article discussed the rise of telecommuting, the reasons telecommuting is becoming...more

4/25/2014 - Cloud-Based Services Disability Hiring & Firing Marketing Mobile Apps Mobile Privacy Privacy Policy Reasonable Accommodation Social Networks Telecommuting

Week in Review

Employers and their IT departments are always looking for ways to protect their data in this age of constantly changing technology. One new form of protection that may become available to employers is a "kill switch" on...more

4/18/2014 - Cell Phones Data Protection Data Scrubbing Employment Policies Wireless Technology

Week in Review - April 14, 2014

With technological innovations appearing daily in the workplace, employers must continually evaluate how best to proactively prepare for and respond to these changes. As you do your planning, you might want to check out the...more

4/14/2014 - Bring Your Own Device Data Protection Employer Liability Issues Mobile Devices Technology

Week in Review - April 3, 2014

Not all technology-based changes in the workplace involve social media and smartphones. This week's headlines and blog posts highlight other ways in which technology is changing the way we work. For example, employers are...more

4/4/2014 - Mobile Devices Smartphones Social Media Technology Young Lawyers

Week in Review - March 27, 2014

This week’s news included advice to employers on tackling mobile device issues in the workplace while, on other fronts, Division I football players tackled labor laws. On Wednesday, the Chicago regional office of the National...more

3/28/2014 - College Athletes Compliance FLSA NLRB Unions Wage and Hour

Week in Review - March 21, 2014

Overtime pay is a big theme this week following President Obama’s directive that the U.S. Department of Labor work to update the existing federal regulations on overtime pay. The most prominent change that is expected is an...more

3/21/2014 - Executive Orders FLSA March Madness Over-Time

Are You Ready For Next Week's New Affirmative Action Requirements?

Across the country, federal government contractors are preparing to meet next week’s deadline for starting to comply with new affirmative action rules. Last fall, the Office of Federal Contract Compliance Programs (OFCCP)...more

3/19/2014 - Affirmative Action Disability Federal Contractors OFCCP Veterans Vietnam Era Veterans’ Readjustment Assistance Act

Week in Review - March 14, 2014

Week after week, the blogosphere is full of discussions about new developments in the law involving social media. This week, the Equal Employment Opportunity Commission joined the conversation by holding a public meeting to...more


Week in Review - March 7, 2014

Some things should be kept private. This week, the blogosphere provided several anecdotal reminders of this principle for both employers and employees. As we noted in an earlier post, one former employee learned the hard way...more

3/7/2014 - Facebook Social Media

Week in Review - February 28, 2014

Facebook, iMessages, WhatsApp, Snapchat, Twitter, Instagram, Telegram, Confide, MessageMe, Popcorn, Glide, Tango, Viber, Whisper. . . . According to a recent post on the New York Times Bits blog, these are just some of the...more

2/28/2014 - Electronic Communications Mobile Apps Mobile Devices Smartphones Technology

Week in Review - February 21, 2014

R u liable 4 your employee's txt msg? In some situations, the answer may be “yes.” Two courts reviewed employee texting issues this week. The first court reviewed whether an employer can be liable for an employee's...more

2/24/2014 - Confidential Information Data Protection EHR Employer Liability Issues FMLA PHI Texting

Week in Review - February 14, 2014

The flowers and chocolates that will be delivered to employee desks this week for Valentine's Day are a great reminder for employers to think about the best practices for approaching workplace romances. For more information...more

2/17/2014 - Mobile Apps OSHA Technology Workplace Romances

Week in Review - February 6, 2014

As the world prepares this week for the start of the 2014 Winter Olympics, employers are being cautioned to address technology-induced liability. Many Fortune 500 companies have adopted policies banning employees' use of...more

2/7/2014 - Child Pornography Distracted Driving Electronically Stored Information Employee Handbooks Facebook Human Resources Professionals Mobile Apps Mobile Devices Olympics Social Media Policy

Week in Review - January 30, 2014

As Americans gear up for Super Bowl XLVIII, we’ve gathered some articles below to help you prepare for the big game and to consider the game’s potential impact on the workplace. You can read below about how one employee's...more

1/31/2014 - Data Breach FISA Mobile Apps Super Bowl Target Technology Uber

Week in Review - January 23, 2014

Anything you say on Facebook can and often will be used against you in a court of law. Technology has not only changed the workplace; it has also changed employment lawsuits. We've provided a link below to an article...more

1/24/2014 - Harassment Metadata Mobile Apps Mobile Devices Smartphones Social Media Social Media Policy

Week in Review - January 16, 2014

This week's headlines charged employers with preserving and protecting data in the workplace. This advice is timely given that this week is “Tax Identity Theft Awareness Week,” a time when employers are reminded to safeguard...more

1/17/2014 - Bring Your Own Device Employer Liability Issues Hiring & Firing Identity Theft Kanye West Mobile Apps Mobile Devices Social Security Numbers Technology Trademarks

Week in Review - January 9, 2014

Brrrrrrrrrrrrrrrrr . . . it's cold out there! The recent cold snap that has swept the nation is affecting the workplace and technology. The cold weather serves as an important reminder for employers to have an up-to-date...more

1/10/2014 - Compliance Exempt-Employees FLSA Technology Training Weather Policy

Week in Review - January 3, 2014

Another new year has arrived. Perhaps you have promised to make it a year of getting organized, getting fit, or giving more to charity. On the technology front, social media is promising to make it a year of evolving...more

1/6/2014 - Email Employee Rights Privacy Policy Social Media Social Media Policy Technology

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