News & Analysis as of

Off-Duty Employees Employer Liability Issues

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

by Dorsey & Whitney LLP on

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Protected Conduct or Hate Speech? Managing Diverse Viewpoints in the Workplace

by Akerman LLP - HR Defense on

Recent events have underscored the difficulties employers face in managing diverse workforces in which employees hold a wide-range of political perspectives. The mere discussion of the news of the day can create divisive...more

Court Lays Out Guidance For Ensuring Hourly Workers Are Paid For Off-Duty Work

by SmithAmundsen LLC on

Addressing an employment issue of interest in an increasingly digital world, the Seventh Circuit Court of Appeals (which has jurisdiction over lower federal courts in Illinois, Indiana, and Wisconsin­­) recently upheld a...more

Seventh Circuit case demonstrates value of good time reporting procedures

by McAfee & Taft on

Police officers in the Chicago Police Department claimed in a recent case that they were not compensated for work they performed on their mobile electronic devices — specifically, their BlackBerrys — while off-duty. A total...more

Contacting Employees on FMLA Leave: Answers to 4 Inevitable Questions

Navigating employee leave issues can be a daunting feat for in-house counsel and human resources departments. One challenging and oft-overlooked situation rife with the potential for legal issues involves contact between...more

Balancing Undue Hardship and Reasonable Accommodation with Employees Using Medical Marijuana Lights Up in Massachusetts Court

by LeClairRyan on

In a recent case, the Supreme Judicial Court of Massachusetts (the “SJC”) held that medical marijuana may constitute a “reasonable accommodation” for employees.  As a result, employers may not terminate employees for failing...more

Employer Discretion to Terminate Employees for Off-Duty Conduct in the Age of Charlottesville

by Clark Hill PLC on

Before the rise of social media, employees' off-duty conduct was generally unknown to an employer, even if that conduct involved violence or unlawful conduct. On August 12, 2017, it took mere hours before the participants in...more

What Can A California Employer Do About Off Duty Conduct?

by Fox Rothschild LLP on

The news is full of stories of employers taking action, or allegedly not taking sufficient action, for employee off duty conduct. The issues are vast and varied, ranging from communicating views about coworkers’ intellectual...more

Can You Fire an Employee Involved in Racist Protests? Should You?

by FordHarrison on

Following recent events in Charlottesville, Virginia involving a “Unite the Right” rally organized by multiple white nationalist groups protesting the removal of a statue of Robert E. Lee, which turned violent and ended in...more

Give Me A Break! Do Your Unpaid On-Call Shifts Remain Alive and Well?

by Fisher Phillips on

There are a variety of situations that may require your employees to handle on-call shifts after finishing their regular shift, most commonly if you need to provide certain services at irregular frequencies and intervals....more

Can You Fire An Employee For Off-Duty Misconduct? You Betcha!

Every now and then, I am told that it’s unfair for employers to take action against employees misbehave off duty. “No it isn’t,” I reply. Although I wouldn’t recommend firing everybody who gets in trouble away from work...more

Employer liable for off-duty murder?

by McAfee & Taft on

Companies often assume they are not responsible for interactions between employees that happen off-site after hours and that are unrelated to their jobs. However, if a supervisor and a subordinate are involved and the...more

Employer Potentially Liable for Supervisor's Off-Duty Murder of Employee

Most employers know that they can be held liable in some situations based on negligent hiring or retention of an employee who harms a third party. A new decision from the Seventh Circuit Court of Appeals cautions employers...more

Can Employers Require Their Employees to Remain On Call During Rest Breaks?

by Jackson Lewis P.C. on

In another important decision regarding an employer’s obligation to provide rest breaks, the California Supreme Court in Jennifer Augustus et al. v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, dealt with two issues...more

Think Before You Call: Contacting Employees On FMLA Leave

by Jackson Lewis P.C. on

How many employers have had this situation arise? An employee requests and receives FMLA leave. While they are out, the employee’s supervisor needs to locate a document, find out the status of a project the employee was...more

California Employers May Not Control How Employees Spend Their Break Time or Require On-Call Rest Periods

by Blank Rome LLP on

Action Item: California employers are urged to review their rest period policies and practices, and consider changes that will ensure they relinquish control over how employees spend their break time and relieve their...more

California Supreme Court: California Prohibits On-Duty And On-Call Rest Periods

by Nossaman LLP on

Augustus v. ABM Security Services, Inc. On December 22, 2016, the California Supreme Court in Augustus v. ABM Security Services, Inc., ruled that California law prohibits on-duty and on-call rest periods. You may...more

California Supreme Court Rejects On-Call Rest Breaks

by Buchalter on

The California Supreme Court recently issued a significant opinion regarding the issue of off-duty rest breaks in Augustus v. ABM Security Services, Inc. (Dec. 22, 2016). The Court, in the context of employees being required...more

Alert: California Supreme Court Rejects On-Duty or On-Call Rest Breaks

by Cooley LLP on

On December 22, 2016, the California Supreme Court addressed two related issues: (i) whether California law requires employers to permit off-duty rest periods – that is, time during which an employee is relieved from all...more

eWorkplace Policies Restricting Employees’ Acceptable Use of Technology, Social Media & The Cloud

by Fenwick & West LLP on

I. OVERVIEW – THE MODERN LANDSCAPE - A. Physical Conduct PLUS Digital Activity - Traditional concerns for employers have included: conduct leading to liability to third-parties; “frolic and detour” or other...more

Does NC Law Prohibit Employers From Acting on Drunk Facebook Behavior?

In recent years, numerous employers have fired or taken other disciplinary action against employees based on antics posted on social media sites. The classic example of such reaction involves parents who discover that their...more

The People Have Spoken, and It’s Time to Start Smokin’. . . Or Just Say No

It’s July 1, 2015, and Oregon law now allows adults to lawfully use marijuana for both medical and recreational purposes. Many employers have already faced questions from employees about the impact of the state’s new...more

Canadian Employment News Series - June 2015

by DLA Piper on

Employees and Independent Contractors: The Changing Nature of Employment - Organizations are increasingly retaining the services of individual contractors rather than hiring employees in order to increase the...more

Ah, Social Media: Blurring the Lines Between Work Life and Personal Life

by Baker Donelson on

Andy Warhol is quoted as saying, "In the future, everyone will be world-famous for 15 minutes." How prophetic you were Andy. These days a single post on social media can travel around the world faster than you can say Snap...more

Looking Over Your Employees' Shoulders

by Fisher Phillips on

As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer...more

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