News & Analysis as of

Employment Policies

Texas Passes Ban on Texting While Driving

by Littler on

On June 6, 2017, Texas became the 47th state to enact a state-wide ban on texting while driving. The new law (HR 62) prohibits drivers from reading, writing or sending electronic messages unless the vehicle is stopped. It...more

Employers May Wish to Update Electronic Access Policies to Assure Access to Employee's Emails with Counsel - New York Appellate...

by Holland & Knight LLP on

In most states, it is fairly clear that attorney-client privilege does not apply to communications between an employee and the employee's personal lawyer if the communications are made using the employer's email system and if...more

PA Supreme Court Decides that Former Employees are Not Entitled to Review their Personnel File

When an employee is terminated, the first question they have is “why?” Employees in Pennsylvania who were not happy with the answer or who wanted to verify the explanation had the right, for a reasonable period of time after...more

Sobering Results: Recent Study Suggests Drug Use Is Up Among American Workers

A recent study conducted by the drug testing company Quest Diagnostics indicates that the rate of positive drug test results among the U.S. workforce is at a 12-year high, driven by increased cocaine, amphetamines, and...more

Second Circuit Upholds NLRB Ban on No Recording Policy

Last year, the National Labor Relations Board (NLRB) surprised many employers when it declared illegal Whole Foods’ policy that prohibits employees from video or audio recording in the workplace. The Board concluded that the...more

SCC upholds employer's "no free accident" alcohol and drug policy: Stewart v Elk Valley

by Dentons on

On June 15, 2017, the Supreme Court of Canada released its decision in Stewart v Elk Valley Coal Corp. (2017 SCC 30). This is a landmark decision, reinforcing the right of employers to take proactive risk mitigation and...more

The Italian Data Protection Authority restricts the monitoring of employees’ internet access and e-mail use

by Bryan Cave on

The Italian Data Protection Authority (“IDPA”) issued its first decision interpreting the amended Section 4 of the “Workers’ Bill of Rights,” concerning the monitoring of employees’ internet access and e-mail use. In...more

Labour and Employment Alert: SCC Finds No Discrimination for Terminating Employee in Alberta Drug Addiction Case

by Field Law on

On June 15, 2017, the Supreme Court of Canada released its decision in Stewart v. Elk Valley Coal Corp. and upheld the Alberta Court of Appeal’s ruling that an employer can terminate an employee for breaching a drug and...more

Labor & Employment E-Note - June 2017

by Burr & Forman on

Given the prevalence of social media in our online culture, employers are forced to navigate the ever changing landscape of issues presented by the social media usage of their employees. Please see full E-Note below for...more

Doing Away With Your Vacation Policies

by SmithAmundsen LLC on

Summer is unofficially here. Kids are out of school. Many employees are checking their vacation balances to see how much time they can take off work. For HR, vacation balances can be incredibly time-consuming. You have...more

Rhode Island Superior Court Rules on Job Applicant's Medical Marijuana Use

by Littler on

In a case of first impression in the state, the Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire a prospective employee because the employee would potentially fail a pre-employment...more

Employees’ Social Media Activity: Proceed with Caution

by Burr & Forman on

Given the prevalence of social media in our online culture, employers are forced to navigate the everchanging landscape of issues presented by the social media usage of their employees. What recourse does an employer have...more

Arizona’s Paid Sick Leave Law, Part III: Record-Keeping, Shifting Employment Relationships, and Tips for Drafting Policies

Arizona’s new paid sick leave law—Proposition 206 or The Fair Wages and Healthy Families Act—will go into effect on July 1, 2017. Since the law passed, the Industrial Commission of Arizona (ICA) has crafted proposed...more

Practical Tips for Maintaining Dignity During Termination Meetings: Everybody Wins

by Foley & Lardner LLP on

This past week, the nation was shocked with yet another senseless act of violence in the workplace. On Monday, a disgruntled former employee, walked into his former employer’s job site and killed 5 of his former co-workers...more

Golden State Worriers: California Labor & Employment Bills to Watch

by Littler on

When it comes to legislation, for California employers it's the final countdown. June 2 was the last day for bills to pass out of their house of origin. September 15 is the deadline for these bills to pass both legislative...more

Dispensaries Can Maintain a Drug-Free Workplace

Employers in the medical marijuana industry have a right, like all California employers, to maintain a drug-free workplace. For example, Prop 64, which made it legal for individuals to use and grow marijuana for personal use,...more

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

by Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

Bad Language: A Good Reason to Fire People?

by Farrell Fritz, P.C. on

What is an employer to do when an employee goes on a tirade at the work place or on social media? In general, an employee cannot be disciplined by his employer for statements about work-place concerns, such as wages or...more

SuperVision Today - June 2017

Editor's Note - Welcome to the second quarter edition of SuperVision, the e-newsletter of Spilman Thomas & Battle's Labor & Employment Group. The look of SuperVision may have changed, but the goal remains the same: to...more

WEB EXCLUSIVE: The Changing Face Of Discrimination

by Fisher Phillips on

As all hospitality employers know, Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of “sex.” However, the statute does not specifically mention sexual orientation or gender identity. What does...more

Intermittent Leave Under the FMLA – The Basics

Congress adopted the Family and Medical Leave Act of 1993 (“FMLA”) to provide job security for employees who must miss work due to their own serious health condition, the birth of their children, to care for family members...more

Avoid the Pitfalls of NYC Freelancer Law

by Jones Day on

New York City's Freelance Isn't Free Act ("Act") took effect on May 15, 2017, and applies to any freelance contracts or agreements entered into on or after that date. The Act requires all agreements for freelance work of a...more

Happy Halloween! NYC's Salary Inquiry Ban To Become Effective on October 31

by Foley & Lardner LLP on

Boo! It appears that fright-fest preparations for New York City employers will come early this year now that Mayor de Blasio has signed a New York City law that prohibits employers from inquiring into or relying on a job...more

Labor and Employment Group News: Employer No-Recording Policies May Violate NLRA Says the Second Circuit

by Murtha Cullina on

On June 1, 2017, the U.S. Court of Appeals for the Second Circuit, which covers Connecticut, New York and Vermont, upheld a National Labor Relations Board (“NLRB”) finding that Whole Foods Market Group, Inc.’s no-recording...more

“Congratulations – Now, Back To Work!” What Employers Need To Know About The Fifth Trimester

by Fisher Phillips on

Parents everywhere are familiar with the joys and trials of the three trimesters of pregnancy. The term “fourth trimester” has also gained widespread recognition, that three-month period when a baby gets used to living...more

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