Employment Policies

News & Analysis as of

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are...more

Can Employees be Disciplined for Using the Bathroom?

Employees at a Chicago plant are picketing over a new employer policy to time unscheduled bathroom breaks and discipline employees who exceed what the company deems as a reasonable amount of time. The company even went so...more

3 Reasons Why Tech Startups Struggle with Discrimination and Harassment Training (And 5 Effortless Ways to Protect Your Startup)

I get it – snooze-worthy, old-fashioned harassment and discrimination training isn’t in line with the vibe you’re trying to create at your hip tech startup. You want to be laid back, cut out all the corporate bull$&^*, build...more

NLRB atypically 'gets it right' in latest ruling on social media

One of the topics from our recent “Eye on Workplace Privacy” seminar was the focus on how the NLRB has been dealing with employer handbook and social media policies. In that segment, we highlighted how the NLRB at times has...more

Week in Review

According to an article in The New York Times this week, high level executives make up the majority of tablet users in the workplace. That may change, though, as in the workplace tablet usage increases. It was predicted this...more

So You’ve Got A Cybersecurity Policy – What Next?

After hearing about the major data breaches at companies like Target, Michael’s, and Neiman Marcus, ABC Corp. realizes it needs to protect itself from such an attack. So it consults with its attorneys, identifies where it is...more

3 Questions To Help Develop Ethics and Compliance KPIs (Beyond Business Ethics Training Scores and Whistleblower Hotline Calls)

It’s no secret that ethics and compliance professionals struggle with measuring the effectiveness of their programs. Sometimes the “well, we have to do it anyway” mentality can preclude any attempt at real measurement and...more

A whistleblower hotline can mitigate unethical workplace behaviour

We get up. We go to work. And each day our working environment is subject to similar challenges that we face in society - differing types of people, cultures, personalities, and unethical behaviour. We juggle this everyday....more

Proper Processes Can Insulate Employer From Tortious Act of Employees

Employers occasionally become dejected over the prospects of defending against tort and other civil claims in state courts. However, a recent case out of Houston reaffirms that employers can and do win these kinds of cases...more

Fortunately, Sometimes Life is “Unfair”: Town of Greenwich v. Greenwich Municipal Employees Association and Reversal of an...

Lawyers like to believe that arbitration decisions concerning employee discipline should be made in accordance with the law and the applicable collective bargaining agreement, not solely by an arbitrator’s personal notions of...more

10 Tips for Creating a Successful BYOD Policy

The “bring your own device” (BYOD) trend has become the norm at many companies and viewed as a way to both save money and increase productivity. By allowing employees to use their personal smartphones, tablets and laptops to...more

Doing Business in Canada: Intellectual Property Protection

INTELLECTUAL PROPERTY PROTECTION - Effectively protecting a business’s intellectual property rights has become an increasingly important element of safeguarding the success of many businesses nowadays. The following is...more

Bubba Gump Shrimp’s Social Media Policy Passes Muster, ALJ Says

In Landry’s Inc., Case No. 32-CA-118213 (June 26, 2014), an NLRB Administrative Law Judge (ALJ) found a social media rule concerning its wholly owned subsidiary, Bubba Gump Shrimp Co. Restaurants, Inc., to not violate the...more

Uncertain Fate of Non-competes in Massachusetts: Senate Passes Compromise; Legislation Heads to Conference Committee Negotiations

On July 1, 2014 the Massachusetts Senate voted for a compromise on employee non-compete agreements, and the Joint Economic and Emerging Technology Committee heard testimony on the same issue. Governor Deval Patrick spurred...more

Status Updates - July 2014

..Twitter is rolling out a new type of advertising that reportedly has been very successful for Facebook’s mobile business — mobile-app install ads, which link directly to games and other apps in popular mobile app stores...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 50: What Happens When a Boss “Likes” An...

As we conclude this 50 For 50 series, we look to the future of employment law. As we see it, the biggest change in the workplace has been the emergence of social media. According to recent surveys, nearly three-quarters of...more

America's Largest Drug Store Chain to Pay $180,000 to Settle EEOC Disability Discrimination Suit

South San Francisco Walgreens Fired Longtime Employee With Diabetes Over a $1.39 Bag of Chips, Federal Agency Charged - SAN FRANCISCO - Drugstore giant Walgreens has agreed to pay $180,000 to a longtime employee with...more

New Laws for California Employers Effective July 2014

California Paid Family Leave (“PFL”) will be extended to more family members, including seriously ill grandparents, grandchildren, siblings, or parent-in-laws. By July 1, employers must distribute updated PFL pamphlets...more

Polsinelli Podcasts - Workplace Bullying: What Employers Need to Know [Video]

We've all heard of schoolyard bullying, but employers need to be aware of possibility of workplace bullying and how it can impact the employer’s business. When an employee, or employee group, singles out another employee for...more

Three Key Points Your Social Media Training Should Cover

I read a report by Forrester Research, Inc. Analyst Nick Hayes called “Revamp Your Social Media Guidelines To Govern Today’s Social Enterprise” (June 2014). Nick makes some excellent points about why it is so important to...more

When Bosses Can’t Be “Friends”

Modern Technology has increasingly blurred the line between business and personal lives, thanks in large part to social media that can broadcast employees’ views to friends and the public in a heartbeat. Companies are...more

FMLA Leave Requests: Do Employees Need to Specify the Expected Duration of Leave?

Under the Family Medical Leave Act (FMLA), whether an employee is required to specify the expected duration of leave on a FMLA application depends on whether the leave is categorized as foreseeable or unforeseeable leave. If...more

CFPB: Industry should “start now” to comply with workplace diversity and inclusion standards

On June 26, 2014, I participated in a panel presentation at the MBA Strategic Markets and Diversity Summit, in Washington, D.C. Stuart Ishimaru, Director of the Consumer Financial Protection Bureau’s Office of Minority and...more

You Can Take this Handbook and Shove It!

A recent Nation Labor Relation Board decision leaves many asking who’s the boss in a California Hooter’s Restaurant. Hooter’s advertises its services as delightfully tacky; however, the NLRB has given the staff permission to...more

Four Reasons Why Employee Social Media Training Is Essential (Hint: It’s Not Just About Compliance!)

And before I forget, let’s make that effective social media training, shall we? Pam Moore wrote this great article “Social Media Policy & Governance: 17 Tips to Mitigate Social Business Risk.” It’s quite insightful and...more

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