Labor Letter - November 2012


In This Issue:

- Preventing Off-Duty Employee Access By Reyburn Lominack and Matthew Korn (Columbia):

Many employers prohibit off-duty employees from accessing the workplace. This is particularly true of employers in the hospitality, healthcare, and manufacturing industries, where there is a premium on ensuring guest, patient, and employee health and safety. Recently, the National Labor Relations Board issued yet another decision striking down an employer’s off-duty employee access policy, finding the policy unlawfully interfered with the right of employees to engage in protected concerted activity. J.W. Marriott at Los Angeles Live...

- Name, Rank and Serial Number: What you should and should not disclose when providing references By Jim Holland (Kansas City):

True or false: When asked to give a reference for a terminated employee, you should provide only the person’s name, dates of employment and, if asked, salary level? True. Furnish just about any other information and – assuming it’s negative – the former employee could sue your company for, among other things, defamation...

- The Hidden Safety Hazard – Domestic Violence By Betsy Weintraub (Memphis):

As the holidays are approaching, you notice that Susan, one of your longtime employees with a near perfect attendance record, has missed several consecutive days of work due to an unspecified illness. When she returns to work, Susan looks like she has spent the past several days in the tanning bed. It seems unusual because Susan is so health conscious, but you shrug it off. Susan calls in sick again the next day....

- Are You A Federal Contractor?

You might be wondering why we would ask that question, but many employers sometimes don’t know that they are considered a federal contractor. That’s because companies often have contracts with other organizations that are contracted with the federal government – which indirectly makes them subject to affirmative action requirements...

Please see full update below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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