Employment Policies

News & Analysis as of

Top 10 Technology Blunders for Employers

As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty...more

Trends in New Jersey Employment Law - October 2014

Four More New Jersey Cities Enact Sick Leave Laws - Four New Jersey municipalities—Passaic, Paterson, Irvington, and East Orange—recently enacted ordinances requiring employers to provide paid sick leave to their...more

I Need an Automated Policy Management System: Should I Build or Buy?

As many ethics and compliance professionals know all too well, effective management of even a single policy can require significant effort. Managing and coordinating the work of subject-matter experts, reviewers, and...more

Guide To Doing Business in Australia: Employment and Industrial Laws

EMPLOYMENT AND INDUSTRIAL LAWS - TERMS AND CONDITIONS OF EMPLOYMENT - Employment relationships in Australia are regulated at a number of levels and by a range of statutory and quasi-statutory instruments. Which...more

Massachusetts Nurses Association Battles Hospital Over Influenza Vaccine

On September 22, 2014, the Massachusetts Nurses Association (MNA) filed a complaint in Massachusetts Superior Court seeking an injunction against implementation of a new mandatory influenza vaccination policy by Brigham &...more

Up in Smoke: The Effect of Legalized Marijuana on Employer Policies

So far, 23 states have legalized medical marijuana and in two states, Colorado and Washington, it is legal to possess small amounts of marijuana for recreational use. Let’s take a look at Washington’s recreational-use law and...more

Five Strategies For Addressing Social Media Risks (Without Breaking the Bank or Using Up Valuable Seat Time)

We continue to be entertained and perplexed by the faux pas of employees who contribute on social media. The truisms that “nothing goes away…ever” and “there’s no such thing as private” are often forgotten in the moment when...more

Colorado Supreme Court Hears Arguments In Medical Marijuana/Discharge Case

Brandon Coats was partially paralyzed in a car crash as a teenager, using a wheelchair, and has been a medical marijuana patient since 2010 when he discovered that using pot helped calm violent seizures and muscle spasms....more

With the Latest Workplace Violence, Is It Time To Review Your Workplace Safety Policies?

The travesty of the latest workplace violence – a shooting on September 23, 2014 at UPS’s Birmingham Alabama facility and the beheading at a Vaughan Foods plant in Oklahoma – is a reminder that all employers must be vigilant...more

Shoddy Mobile Device Use Policy and Failure to Institute Litigation Hold Leads to Default Judgment and Hefty Sanctions (Nevada)

Small v. Univ. Med. Ctr. of S. Nev., No. 2:13-cv-00298-APG-PAL, 2014 U.S. Dist. LEXIS 114406 (D. Nev. Aug. 18, 2014). In this employment law dispute, the court appointed a special master to resolve discovery issues....more

Will California’s “Kill Switch” Law Kill An Employer’s Ability To Protect Sensitive Company Information?

Will California’s “Kill Switch” Law Kill An Employer’s Ability To Protect Sensitive Company Information? In this digital age, smartphone technology has become essential and ubiquitous to business operations. But the...more

OFCCP Issues Proposed Rule on Employer Wage Confidentiality Policies

Last week, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released proposed regulations that would bar federal contractors from adopting or enforcing policies that prohibit employees from...more

Security Guards Unable To Secure Certification Without Commonality

A California federal district court recently denied a motion for class certification because the evidence presented in connection with the motion refuted plaintiffs’ attempted showing of commonality through uniform exposure...more

The Ins and Outs of Employment Law: Attorneys Speak Out

Employers need to have a plan in place that includes up-to-date policies, accurate performance reviews, and training of all employees, particularly supervisors. Supervisors must know how to evaluate an employee and what to do...more

California Employers Must Now Include Training against "Abusive Conduct" in AB 1825 Sexual Harassment Training for Supervisors

Last week, Governor Brown signed legislation that adds a new component to the required AB 1825 sexual harassment training for supervisors. Starting January 1, 2015, AB 1825 anti-harassment training must also include training...more

12 Trends in Employment Discrimination Litigation: Proactive Employers See Fewer Claims

Fresh off a presentation on retaliation claims and defense at The American Conference Institute Employment Discrimination Litigation Conference in New York City, Dinsmore employment attorney Mike Hawkins shared 12 key trends...more

California Becomes Second State to Mandate Paid Sick Leave

On September 10, 2014, Governor Brown signed into law AB 1522 (Healthy Workplaces, Healthy Families Act of 2014), which requires all California employers, large or small, to provide employees paid sick leave (with limited...more

Workplace-Diversity Data Continues To Drive Awareness in Silicon Valley

The technology industry has been criticized in recent years for its lack of diversity in its mostly male workforce as advocates call on companies to be more transparent with their demographic information. Apple Inc. is one of...more

NLRB: Facebook “Like” is Protected, Concerted Activity Under the Labor Act

The NLRB recently issued another case on employer social media policies, ruling that clicking Facebook’s “Like” button can constitute “protected, concerted” employee activity under the National Labor Relations Act (NLRA)....more

Oklahoma, Louisiana and Rhode Island Continue Trend Enacting New Password-Protection Laws

In 2012, Maryland became the first state to prohibit employers from requiring employees or job applicants to provide passwords to their personal social media accounts. Since then, the trend for states to limit employers'...more

Discrimination and Harassment Training A Necessity In Male Dominated Industries

If you have ever seen Parks and Recreation, a TV show featuring a cast of funny all-stars such as Amy Poehler and Rashida Jones, then you might be familiar with one episode where Leslie Knope (Poehler) decides it’s time to...more

Employment Law Commentary -- Volume 26, Issue 8 -- August 2014: The Death of Courtesy And Civility Under The National Labor...

In January 2013, we reported on the increasing focus of the National Labor Relations Board (NLRB or the “Board”) on employer policies and rules in non-unionized workplaces. The NLRB has continued in full force, creating more...more

NLRB Continues Aggressive Crackdown on Social Media Policies

In the past few years the National Labor Relations Board (“NLRB”) has taken an increased interest in whether workplace policies prohibiting employees from discussing the terms and conditions of their employment on social...more

Rhode Island Enacts Employee Social Media Privacy Legislation

Rhode Island has recently enacted legislation intended to protect job applicants’ and employees’ social media accounts and information. The new law prohibits employers from requiring job applicants or employees to disclose...more

Illinois Employer May Be Liable for Failing to Investigate Employee's Murderous Email Threats

Can an employer be liable for wrongful death by failing to investigate an employee's email threats to murder his family? The Illinois Appellate Court recently ruled that the answer may be "yes" based on the employer's...more

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