Off-Duty Employees

News & Analysis as of

Out of hours conduct - when is it a workplace issue? (Australia)

The line between conduct that may be said to have taken place within or outside the workplace is often quite blurry. While the conduct of an employee in any part of their life has the potential to affect the reputation of...more

Recent Cases of Interest to Regulators

Off Duty Conduct - Fountain v. British Columbia College of Teachers, 2013 BCSC 773 (British Columbia Supreme Court) - Fountain, a teacher, fired a shot from a rifle over the heads of his sons in the aftermath of...more

Employers Beware: You May be Liable for Your Employees’ Tortious Off-Duty Conduct during Their Commutes

In Moradi v. Marsh USA, Inc., the California Court of Appeal concluded that employees who are required to use their personal vehicles to travel to and from the office and make other work-related trips during the day are...more

Unlawful Limited Access Policies

The National Labor Relations Board enforces the National Labor Relations Act which provides non-supervisory employees with the right to engage in “concerted activities for the purpose of collective bargaining or other mutual...more

Textual Harassment Could CRE8 Liability For Employers

Originally published in Westlaw Journal Employment (Volume 27, Issue 15), February 20, 2013. Consider the following three scenarios: Scenario one: Terrence worked as a flight attendant for Fly Right Airlines. While...more

What Employers Should Know About Colorado’s New Marijuana Use Law

On November 6, 2012, Colorado voters passed Amendment 64 to the Colorado Constitution by a 55 to 45 percent margin, making Colorado one of the first states in the nation to legalize the recreational use of marijuana. Prior to...more

NLRB Expands Employee Rights to Enter Workplace Outside Work Hours

Board's recent decision in J.W. Marriott makes it more difficult for employers to control off-duty employee access to the workplace. Over the past year, the National Labor Relations Board (NLRB or Board) has used the...more

Patient Registrations for Medical Marijuana Use Begin in New Jersey

More than two years after the passage of New Jersey's Compassionate Use Medical Marijuana Act ("Act"), patients are now able to register and receive state-issued identification cards to obtain prescriptions for medical...more

NLRB Holds Employers Cannot Bar Off-Duty Employees From Entering Facility If Allowed to Engage in a Variety of Company-Related...

In a recent decision, Sodexo America LLC, 358 NLRB No. 79 (July 3, 2012), the NLRB declared that an employer rule prohibiting off-duty employees from coming into the interior of a hospital or onto outside areas of the...more

Arizona Supreme Court Limits Employer’s Vicarious Liability For Employee’s Off-Duty, On-Location Assignment Car Accident

On July 9, 2012, the Arizona Supreme Court issued an employer-friendly opinion holding that an employer was not vicariously liable for negligent conduct committed by an employee during an out-of-town assignment, after work...more

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