Employment Policies

News & Analysis as of

7 More Ways To Make Your Employees Gush Over Your Code Of Conduct

Just before Valentine’s Day, we published the first part of our “14 Ways to Make Your Employees Fall In Love With Your Code of Conduct” series. As Lori Tansey Martens, President and Founder of the International Business...more

The Employment Law Authority - January/February 2015

In This Issue: - High Tech, High Risk: Protecting Health Plan Data: Recent Cyber Attack Reminds Employers to Take Swift Action - EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers? - State...more

Employee's Failure to Report Off the Clock Work Not a Total Defense Says 11th Circuit

Last summer, we highlighted an example of how good recordkeeping practices can result in a favorable decision. In the Kaiser Foundation Health Plan case, the employer successfully defended an “unauthorized overtime” claim...more

N.J. Supreme Court Decision in Harassment Case Mixed Bag for Employers

The New Jersey Supreme Court recently decided two key issues affecting claims of supervisory hostile work environment sexual harassment under the New Jersey Law Against Discrimination (“NJLAD”). In Aguas v. State of New...more

N.J. High Court Adopts Faragher-Ellerth Defense for LAD Sexual Harassment Claims

Last week, in Aguas v. New Jersey, No. A-35-13 (Feb. 11, 2015), New Jersey’s high court embraced the federal Faragher-Ellerth defense for claims alleging vicarious liability for supervisory sexual harassment under New...more

New Jersey Supreme Court Provides Guidance to Employers Defending Against Certain Supervisory Harassment Claims

On February 11, 2015, the New Jersey Supreme Court for the first time directly addressed and adopted the standard set forth in the U.S. Supreme Court's 1998 decisions in Burlington Industries, Inc. v. Ellerth and Faragher v....more

Careerbuilder.com Issues Its Annual List of the Craziest Tardiness Excuses: Do Any of them Sound Familiar?

For some employees, it is not doing their work that is difficult, but rather getting to their work in the first place. While traffic is the most common explanation for tardiness, lack of sleep and bad weather are close...more

Employee Handbook Mistakes Can Come Back to Bite Employers

Courts often conclude that absent appropriate disclaimer language and statements in employee handbooks are “promises” to employees, binding employers to abide by these promises in their dealings with employees. However, a...more

How to Mitigate Compliance Risks with BYOD - EndNotes February 2015

I?f you have ever left your mobile phone on an airplane, in a restaurant or somewhere other than in your possession, you know it’s frightening enough to think of losing the device itself, which costs a premium, as well as...more

Boon to New Jersey Employers: State Supreme Court Confirms that Federal Faragher/Ellerth "Affirmative Defense" Now Applies to...

On February 11, 2015, New Jersey's Supreme Court formally decided an important issue left open for nearly two decades concerning New Jersey's Law Against Discrimination (LAD). In Aguas v. State of New Jersey, __ N.J. __, No....more

Prognosis Negative: You’re Not Immune to Company Policy Under California Leave Law

In Richey v. Autonation, Inc., issued January 29, 2015, the California Supreme Court reinstated an arbitration award against the plaintiff and confirmed that employers retain the right to terminate employees who violate...more

Managing Workplace Romances to Minimize the Perils of Valentine’s Day

With love in the air and Cupid circling the office, employers should be wary of sexual harassment lawsuits this Valentine’s Day. A 2013 survey conducted by the Society for Human Resource Management (SHRM) found that 43% of...more

E-Cigarettes: New Legislation Impacting Buffalo Employers

As an employer, you likely have had recent questions about the use of e-cigarettes by your employees in work areas. Some employees argue that they should be permitted to smoke e-cigarettes at work, while others are offended...more

How Do I Know If My Policy Management System Is Working?

If you’re like many compliance professionals, you know it can be a struggle to evaluate the performance of your policy management system—and to truly understand whether your approach is effective and efficient....more

Roses Are Red, Violets Are Blue, I'm Prepared to Deal with Office Romances, How 'Bout You?

Valentine’s Day is a day of love and romance for many, often times between co-workers. For employers, it provides a fitting opportunity to re-examine workplace romance and sexual harassment policies. Indeed, there is no...more

Textual Feelings in the Workplace

For those romantics out there, February means Valentine’s Day! And, with Valentine’s Day comes overtures of romantic feelings (assuming the best of intentions) for your significant other or for those with whom you want to...more

California Supreme Court Clarifies When An Arbitration Award May Be Corrected

On January 29, 2015, the California Supreme Court issued a decision clarifying the circumstances under which an arbitrator’s award may be corrected. In Richey v. Autonation, Inc., No. BC408319 (Cal. Jan. 29, 2015), the court...more

Chicken Soup for CA Employers: How to Stay Healthy When Implementing Your Sick Leave Plan

The new California paid sick leave law is now “in effect” and you are ramping up your HR and payroll team to get ready for July 1 when employees can start accruing sick leave under the law. But now that you’re digging into...more

Every Dog Has His Day – Even at Work

Some start-ups are already doing it. And, other companies are considering the cost-benefit analysis of allowing employees to bring their pets to work. However, much like an unfamiliar dog, pet policies have to be handled...more

"Balancing Protection of Information With Employee Rights in Confidentiality Policies"

The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to discuss terms and...more

The National Labor Relations Board: 2014 Year in Review - The NLRB's Expansion of Employee Rights Under the National Labor...

In 2014, the National Labor Relations Board (NLRB or Board) scrutinized employer policies and practices, protected employee use of social media and employers' email systems to organize and engage in protected concerted...more

2015 Labor and Employment Law Checklist

Each year, LP’s Labor & Employment Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you find this 2015...more

Cybersecurity in the Workplace: Obama's Proposals and More

In the past five years, employers both big and small have become accustomed to social media and increased technology in the workplace. Everyone and their parents are on Facebook, and one cannot go anywhere without being asked...more

This Party is BYOD, Part Two

Another pitfall that might arise in a BYOD context pertains to the nature of the information on the device itself. In addition to proprietary information of the company, certain other information is subject to additional...more

Light Up or Leave Me Alone: Medical Marijuana is an Ongoing Challenge for Employers

The 2014 election had four major marijuana ballot initiatives. Recreational legalization initiatives passed in Alaska, Washington State and the District of Columbia. A constitutional amendment in Florida to legalize medical...more

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