The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment, entitled “Proposed Enforcement Guidance on Harassment in the Workplace.” The proposed guidance sets forth the legal standards applicable to harassment claims under federal law and provides a variety of examples with extensive citations to applicable case law. If made final, this … Continue Reading
A growing number of cities and states are pushing for greater pay transparency in the hiring process. To add to that growing list, California and New York have both passed pay transparency laws in recent months, leaving employers to modify how they seek out new talent. However, employers should keep in mind that not all … Continue Reading
The pandemic relief package enacted by Congress in late December briefly extended the available payroll tax credits for leave provided under the Families First Coronavirus Response Act (FFCRA) through March 31, 2021. The relief package did not extend the requirement to provide paid leave, so after December 31, 2020, employers are not mandated to provide … Continue Reading
Your employee has just cursed at you, calling you every racist and/or sexist name in the book. Naturally, that employee must go! Just as you are ready to sign off on the termination, a thought occurs to you: “Uh-oh. He was standing on a picket line when he called me those names. Am I still … Continue Reading
The new year has brought a new Congress, an ongoing government shutdown, and rumblings of the first formal campaign announcements for 2020. With more voters participating in last year’s election than ever before, employers should be prepared to handle issues arising from employees’ political speech and conduct. The 2018 midterms were the first in history … Continue Reading
Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media and the “E-Workplace” have become a fact of life for all employers. Companies have learned that these social media sites can be powerful marketing tools, but also provide an open door for risk. Employees can post or write negative comments in social media that may create … Continue Reading
If you identify yourself as an associate of the Company and publish any work-related information online, you must use this disclaimer: “The postings on this site are my own and don’t necessarily represent the positions, strategies or opinions of the Company.” This statement was found to be unlawful in an April 22, 2014 decision by … Continue Reading
Computers are a doubled-edged sword—a vital convenience for everyone while simultaneously a potential source of liability if used improperly by employees. Employers’ liability has expanded to the point where an employer may be liable to a third party for harm caused by an employee’s misuse of computer systems at work. For example, an employer may … Continue Reading
A recent opinion out of the 10th Circuit Court of Appeals demonstrates the important role social media plays in labor and employment lawsuits. In Debord v. Mercy Health System of Kansas, Inc., a Kansas hospital was found not to have engaged in unlawful retaliation when it fired an employee who had complained of sexual harassment, … Continue Reading
The “Facebook Firing” cases continue with the NLRB deciding more often than not that employees fired for Facebook postings engaged in “protected concerted activity” under the National Labor Relations Act (“NLRA”) and are entitled to reinstatement. However, a break from the typical outcome occurred in May, 2013, when an NLRB Associate Counsel sent an Advice … Continue Reading
Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media in the workplace has become a fact of life for all employers. Companies are learning that these once feared social media sites can be powerful marketing tools, but also provide an open door for risk. Employees can post or write things in these media that create … Continue Reading
On January 25, 2012, NLRB Acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office. The Memorandum covers 14 cases, half of which involve questions about employer social media policies. Five of those policies were found to be unlawfully broad, one was lawful, and one was found to … Continue Reading
The National Labor Relations Board’s Acting General Counsel, Lafe Solomon, today released a report, which summarizes the outcome of investigations into cases involving involving the use of social media and employer media policies. Acting General Counsel Lafe Solomon stated his belief that the report will be of assistance to legal practitioners and human resource professionals. … Continue Reading
The National Labor Relations Board issued a complaint last Friday against Knauz BMW, a Chicago area BMW dealership, alleging unlawful termination of an employee for posting photos and comments on Facebook that were critical of the dealership. The employee, a car salesman, and coworkers were unhappy with the food and beverages at a dealership event. … Continue Reading
The NLRB settled its case against a Connecticut ambulance services company that discharged an employee after she posted negative comments about her supervisor on Facebook. The employer agreed that it had maintained an overly broad internet posting, blogging and communication policy. Under the terms of the settlement, the company must revise its policies to permit … Continue Reading
Employers beware: firing an employee for bad-mouthing the boss on social media may violate the National Labor Relations Act, even for a non-unionized employer. The National Labor Relations Board just lodged a complaint against a Connecticut ambulance company alleging, among other things, that it unlawfully fired an Emergency Medical Technician for violating a policy that … Continue Reading
