Employment Policies

News & Analysis as of

Fired For My Firearm? I’ll Sue!

As if employers already did not have enough reasons to have to think through termination decisions carefully, here is yet another “trigger” word that should make employers think twice about plans to discipline or fire an...more

#Fired: Post a Tweet, Lose Your Job

Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former...more

Sharing of Passwords Under Certain Circumstances Unlawful

Many companies have experienced the departure of an employee and the elimination of that former employees access to the company’s computers and networks. In the recent case of USA v. Nosal, D.C. No. 3:08-cr-00237-EMC-1 (July...more

Firing Of Pot-Smoking State Employee Goes Up in Smoke by CT Supreme Court

You might think that smoking pot on the job as a state employee would be justifiable grounds to get you fired. A no-brainer, right?...more

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more

Guns and Motorcycle Clubs Oh My! – What’s an HR Manager To Do?

Seyfarth Synopsis: A couple of Circuit Court decisions last week may cause some trepidation for your company’s HR managers as they shuffle through the off-duty activities of company employees that get brought onto the...more

DEA Rejects Petitions Seeking to Reschedule Marijuana

The long-awaited decision maintains the illegal status of marijuana under federal law. On August 12, the US Drug Enforcement Agency (DEA), despite much speculation to the contrary, published in the Federal Register its...more

What To Do About Employee Thieves—Catch Them If You Can!

Seyfarth Synopsis: When employee theft occurs, employers must be cautious in investigating, avoiding self-help, and in deciding if and how to terminate the offending employee. Companies work hard to hire trustworthy...more

Mississippi Says Employers Can’t Prohibit Employees from Having Guns in Their Cars

Many people are saying that this California Employment Law Blog doesn’t spend enough time discussing Mississippi law. Well today that’s going to change....more

Tennessee Employers Can Continue to Prohibit Guns Without New Liability

On July 1, 2016, Senate Bill 1736 went into effect in Tennessee. The law, introduced on January 15, 2016, was the subject of significant controversy. As the first of its kind across the country, SB 1736 as introduced sought...more

What’s Worse – Getting The Flu, Or Getting Sued?

If the goals for the healthcare industry could be distilled to a single word, that word would be “quality.” But the manner in which a provider achieves this varies widely. What works for a large system may not be appropriate...more

When Can Employee Policies Be Amended?

Thinking about changing an employee policy in Texas? Kubala v. Supreme Production Services, Inc. says you can do it (almost) whenever you want. Want to make employees arbitrate their disputes? You can do that too....more

California's Recreational Marijuana Initiative Is Not Expected To Impact Employer Workplace Drug Policies

California may be the next state to join Alaska, Colorado, the District of Columbia, Oregon and Washington in legalizing adult recreational use of marijuana. On November 8, 2016, California voters will decide whether to...more

Chicago Passes New Sick Leave Law

The Chicago City Council recently passed the Chicago Paid Sick Leave Ordinance which allows workers in Chicago to earn up to 40 hours of paid sick time per year. The ordinance, which takes effect July 1, 2017, applies to...more

Lack of Policy and Training May Lead to Employers’ Liability for Nonemployees’ Racial Bias

Most—if not all—employers are aware that federal and state laws preclude employment discrimination based upon the race or national origin of an employee, and they know that illegal activity can include both discriminatory...more

Bartender, fired for smoking marijuana at work, loses human rights complaint

A B.C. bartender has lost his human rights compliant after he was dismissed for smoking marijuana on shift. The bartender also served as assistant manager of the restaurant. The employer had a policy that prohibited...more

Small Businesses Face Big HR Lawsuits

Every morning, while enjoying my Starbucks and settling in to the day, I take a peek at the labor & employment dailies to see what’s happening in the exciting world of employment law…Clearly, I need to get out more, but I...more

Is Your Conference Room a PokéStop? Employer Hacks for When Apps Attack

A recent CareerBuilder survey found that 24 percent of employees are using their smartphones for gaming while at work. This number is sure to be on the rise with the release of the Pokémon Go game. According to recent...more

Technology companies: Are your employment policies due for a reboot?

At any particular time, a technology company may devote all of its time and attention to an urgent development project, an investor pitch or closing a round of financing. Those activities certainly make for good press and...more

Recreational Marijuana Placed on California November Ballot

Voters will have the opportunity this coming November to determine whether California joins a growing number of states that have legalized recreational marijuana. If so, what would this mean for employers?...more

Massachusetts Governor Signs Stringent Pay Equity Requirements, Effective in 2018

Seyfarth Synopsis: On August 1, 2016, Massachusetts Governor Charlie Baker signed a bill that will amend the Commonwealth’s pay equity law effective in 2018. The changes will make the law one of the most stringent in the...more

Federal Appeals Court Decries State of Federal Civil Rights Law on Sexual Orientation Discrimination

On Thursday, the United States Court of Appeals for the Seventh Circuit re-affirmed prior court holdings that Title VII of the Civil Rights Act does not prohibit discrimination based on sexual orientation, but in so doing...more

Brilliant (but not bedazzled) baristas

A ton of us are drinking coffee. I literally have a paper cup full of “life juice” next to my keyboard as I write this post. Coffee is not the reason I get out bed, but it is certainly a large contributor to me not staying...more

Pokémon Go Back to Work!

Pokémon Go has taken the United States and the rest of the world by storm, with an estimated 75 million downloads in the first three weeks since its release. For the uninitiated, Pokémon Go is an augmented reality game where...more

Court rules unauthorized absence justifies firing

The federal appeals court that covers Oklahoma recently ruled in favor of Dillon Companies, Inc., a Kansas corporation that does business as King Soopers, in a lawsuit filed by a former grocery store employee who claimed he...more

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