Employment Policies

News & Analysis as of

When Cupid’s Arrow Strikes the Workplace

With Valentine’s Day approaching, love is in the air, and employers need to be mindful of the risks associated with workplace romance. While these risks exist year-round, the upcoming Valentine’s Day holiday may trigger...more

All Is Fair In Love And The Workplace?

It is not surprising that sparks may fly in the workplace, considering that most Americans spend more time at work than they do anywhere else. And as Valentine’s Day approaches, workplace romances are especially likely to...more

Are "Bring Your Gun To Work" Policies A Good Idea?

As the national debate roils about how to handle the problem of gun violence in modern American society, employers are asking whether it makes sense to allow employees to carry firearms at work. Although office killings have...more

Employers Are Put On Notice: EEOC Issues Proposed Retaliation Guidance

On January 21, 2016, the U.S. Equal Employment Opportunity Commission (“Commission” or “EEOC”) released proposed guidance to update and clarify its position on retaliation and related issues under EEOC-enforced laws,...more

Sanctions for Bringing a Computer Fraud and Abuse Act Claim?

Federal courts have continued to disagree on whether the Computer Fraud & Abuse Act ("CFAA") applies to employees who misuse confidential information or trade secrets obtained from an employer's computer system that the...more

Ownership of Social Media Accounts

It is becoming increasingly common for issues to arise relating to employer vs. employee ownership of a social media account and the names, addresses, etc. that go along with that account. Business-related social media...more

Intercepting Office Pool Liability – What Do Employers Have to Lose by Permitting Super Bowl Related Gambling?

Super Bowl 50 kicks off this Sunday and promises to be the most wagered-on sporting event of the year. March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to...more

Use The "Rolling" Method to Calculate FMLA Leave! This Employer Learned the Hard Way

Every once in awhile, I find myself counseling an employer with either no FMLA policy or one completely lacking in any meaningful details. Often, these policies fail to include key provisions to protect against liability....more

European Court of Human Rights Issues Decision on Monitoring of Employee’s Internet Use

In a Barbulescu v. Romania, a decision issued on January 12, 2016, the European Court of Human Rights issued a ruling interpreting the right to privacy under Article 8 of the European Convention on Human Rights in the...more

10 Tips to Mitigate or Prevent Wage and Hour Litigation in the Post-Acute Industry

Wage and hour lawsuits are being filed against employers under federal and state wage and hour laws at a record rate. Most wage and hour claims allege the employer failed to pay employees for off-the-clock work, failed to pay...more

Employment Law News for 2016

A belated happy new year to you all! To celebrate the beginning of 2016 we're cantering through some key employment law news stories from the past few months below. As always, please do get in touch with a member of the team...more

When Snow Days Impact Employers: Balancing Inclement Weather and the FLSA

Winter weather can be frustrating for employers as facilities close or employees are unable to travel in to the worksite even when the worksite is open. Employers often wonder what their obligations are to pay employees...more

Barbulescu – Employers' Rights to Access Employees’ Emails/Personal Internet Usage

The Press has given a lot of coverage to last Tuesday’s European Court of Human Rights (ECHR) decision in Barbulescu. See Times article, “Employers allowed to look at your private messages”. As often is the case,...more

New Mexico Court Finds Employer Had No Obligation to Accommodate Medical Marijuana Use

Must a New Mexico employer allow an employee to use medical marijuana as a reasonable accommodation for the employee’s disability? “No,” according to a New Mexico federal district court. On January 7, 2016, the court held...more

Rules on Monitoring an Employee’s Private Internet Use at Work: a new ECHR decision

In a decision rendered on January 12, 2016, the European Court of Human Rights (“ECHR”) held that the dismissal of an employee for having used his professional email account for personal purposes during working hours did not...more

Case Alert: Can Employers Monitor Private Messages Sent at Work?

In Barbulescu v Romania, the European Court of Human Rights (the "ECHR") ruled that an employer may access employees’ private messages sent using the employer’s resources during working hours. Mr Barbulescu’s employer had a...more

Effective Implementation of Workplace Technology

There are hundreds (if not thousands) of new technologies available to employers, all promising to solve problems and make life easier. We’ve written about the risks of the technology itself, but it’s worth noting that poor...more

Guns at Work: Is Your Employment Handbook Loaded to Fire?

Guns seem to always be in the spotlight, or at least in the legal stage’s side light. Proponents of gun safety or regulation clash with those who believe everyone of sound mind has the right to bear arms. There are extremists...more

Employers Secure Another Win In Medical Marijuana Battle: Three Things You Need To Know

Employers started 2016 by claiming another victory in the ongoing battle against medical marijuana in the workplace. On January 7, 2016, a federal court judge in New Mexico dismissed a lawsuit brought by an employee...more

2016 Trends #4: Politics Invade the Workplace

In the U.S., the 2016 election now dominates the news, social media and many employee conversations. And for global companies, it’s always election season somewhere. So now is a good time for ethics and compliance officers to...more

Legal Trends: Employment & Labour

In the past year, the media and governments across Canada have paid greater attention to workplace discrimination and harassment. In Ontario, for example, the government introduced Bill 132, Sexual Violence and Harassment...more

Top Ten Labor & Employment New Year's Resolutions For 2016

Sure, you’ve probably made a list of a few resolutions for 2016 already. Maybe you’re going to dust off that gym membership, cut back on junk food, clean out the garage, save more money, or visit some far off locale in the...more

NLRB: Employers cannot block employees from recording or taking photos in the workplace

The National Labor Relations Board (NLRB), in a 2-1 decision, ruled against blanket employer policies banning employees from taking photos or recordings in the workplace. Such policies would, in the view of the NLRB, having a...more

New Guidance on “Use It or Lose It” Vacation Policies in Colorado: What Is “Earned” Cannot Be Forfeited

The Colorado Wage Protection Act, which amended the existing Colorado Wage Act, § 8-4-101, et seq., governs payment of wages for work performed in Colorado. The Act became effective on January 1, 2015, and is enforced by the...more

Off-duty Access for Employees May Open the Door to Some Other Unexpected Visitors

Employers who maintain lawful policies prohibiting employees from accessing the employer’s facilities when they are off-duty must still be careful to avoid a charge of discriminatory application of those policies -- and they...more

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