Ver la versión en español aquí Recently, I had occasion to watch Season 1 of the Netflix series, Marco Polo. The plot is based on the 13th century Mongolian Empire. However, to an employment lawyer, it all seems like a page out of an employment law primer. The main protagonist (read, disgruntled employee), Marco Polo, … Continue Reading
Ver la versión en español aquí For the past several weeks, the country has been enthralled by the controversy surrounding Rowan County, Kentucky Clerk Kim Davis, who spent five days in jail after she refused to comply with a federal court’s directive to issue marriage licenses to same-sex couples. Davis, an Apostolic Christian, says that … Continue Reading
Ver la versión en español aquí According to Elizabeth Beck, a Florida attorney who deposed Donald Trump in 2011 in connection with a real estate project, Mr. Trump erupted when she requested a break in the deposition so she could pump breast milk: “He got up, his face got red, he shook his finger at … Continue Reading
Ver la versión en español aquí “Common sense sometimes matters in resolving legal disputes.” That’s how the D.C. Circuit began its opinion reversing a widely publicized 2011 decision by the NLRB finding that AT&T Connecticut had committed an unfair labor practice when it banned AT&T employees from wearing “Prisoner” shirts to the homes of customers. … Continue Reading
Ver la versión en español aquí On June 26, 2015, the United States Supreme Court held in Obergefell v. Hodges, that the Fourteenth Amendment to the United States Constitution “requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex … Continue Reading
Ver la versión en español aquí Title VII, through the Pregnancy Discrimination Act (PDA), has expressly prohibited pregnancy discrimination since 1978. Thirteen years later, the Supreme Court, in Johnson Controls, told us that even well-intentioned, but facially discriminatory, gender and pregnancy based employment policies — like Johnson Control’s policy of prohibiting fertile women from working … Continue Reading
Ver la versión en español aquí I have good news for you! The U.S. Department of Labor has finally released revised notices and forms for use with employee leaves under the Family and Medical Leave Act. More good news: the new docs have a new expiration date – May 31, 2018. The revised notices/forms include … Continue Reading
On November 4, Florida voters will go the polls to vote on a constitutional amendment that would legalize the use of medical marijuana. If the amendment passes, how will that impact Florida workplaces? Please join us for breakfast in our Miami office on November 10th. We will address important FAQs about how medical marijuana may affect … Continue Reading
Ver la versión en español aquí Do you allow employees to access company data using their personal portable electronic devices instead of company-issued devices? For example, do employees use their smart phones to contact customers and store customer contact information, preferences, etc., on their phones? When these employees quit or are terminated, have you implemented … Continue Reading
Ver la versión en español aquí The football may be fantasy, but how real is its effect on productivity in your workplace? A recent report by Challenger, Gray & Christmas, Inc., an employment consulting firm, states that fantasy football, with an estimated 31 million working-age participants, may cost employers close to $14 billion. According to … Continue Reading
Ver la versión en español aquí I am always excited to turn on my “Out of Office” message on my email before I leave for vacation. But that message does not stop the emails from coming in or eliminate the need for my response when I am back in the office (or when I check … Continue Reading
Ver la versión en español aquí Can You Hear Us Now? While there is no question that employee productivity is a concern for all employers, there is at least one study supporting the notion that short “smartphone” breaks during the workday may not only be inevitable but actually a good thing. A doctoral student at … Continue Reading
Ver la versión en español aquí Employers have fairly wide discretion in terms of developing work rules designed to increase productivity and decrease time spent “slacking off.” But, if you believe the reports, one Chicago-based company may have gone too far. Apparently, WaterSaver Faucet Company has been experiencing a decrease in employee productivity. The perceived … Continue Reading
Three cases brought by the Equal Employment Opportunity Commission (“EEOC”) highlight the importance of employers considering religious accommodations for their dress code policies. Pursuant to the law, a religious accommodation must be made as long as it does not impose an undue hardship to the employer. Two of the cases brought by the EEOC are … Continue Reading
On June 20, 2014, the Department of Labor (“DOL”) announced its proposal to change the FMLA’s definition of “spouse”. According to the DOL, the purpose of the proposed change is to “ensure that same-sex couples who have legally married will have consistent FMLA rights regardless of where they live.” Under the current FMLA regulations, employees … Continue Reading
Florida Governor Rick Scott signed SB 1030 today. This law now makes it legal for qualified patients in Florida to take low-THC cannabis in liquid form to treat certain seizure disorders, such as epilepsy and muscle spasms, and for cancer. While SB 1030 will likely not have a huge impact on day-to-day operations in the … Continue Reading
Ver la versión en español aquí The explosion in popularity of social media has, in my opinion, been a blessing and a curse for businesses. On the one hand, social media helps businesses market products and services, and reach-out to current and potential customers, with relative ease and little cost. On the other hand, social … Continue Reading
Ver la versión en español aquí It’s often said that laughter is the best medicine, so maybe a little laughter will help you transition back to work after the holiday weekend. We recently came across the results of a survey conducted by CareerBuilder on employee tardiness. While the survey already is a few months old, … Continue Reading
A NLRB judge recently ruled that a non-profit’s discharge of two employees for having an inappropriate conversation on Facebook about the non-profit did not run afoul of the National Labor Relations Act. Click here for copy of the case. On July 30, 2012, the non-profit, a corporation that ran an after school teen center in … Continue Reading
An Ohio Federal District Court recently ruled that Verizon Wireless could be sued for reading a former employee’s personal emails on a company-issued device. During her employment, Verizon issued Sandi Lazetle a Blackberry which she used for company email. According to Sandi, she was told that she also could use the Blackberry for personal email, … Continue Reading
In February 2013, we advised you that the Department of Labor (“DOL”) revised its Family and Medical Leave Act (“FMLA”) poster, also referred to as the “General Notice.” (Click here for February 2013 post) At the time, the revised FMLA poster was only available in English. After months of waiting, the revised FMLA poster is … Continue Reading
A New Jersey federal court ruled this week that “private” Facebook wall posts are covered by the Stored Communications Act (“SCA”). The SCA is a federal law that, among other things, prohibits unauthorized access of communications stored on the internet. Deborah Ehling, a former Monmouth-Ocean Hospital Service Corp. nurse, posted comments on her Facebook wall … Continue Reading
An Administrative Law Judge of the National Labor Relations Board has once again weighed in on acceptable attire in the workplace. The Judge decided that an employer improperly disciplined a union employee for wearing a t-shirt that had the word “slave” along with a picture of a ball and chain. The decision follows on the … Continue Reading
Employers, union and non-union alike, have been spinning their wheels every time the NLRB comes out with a new case, general counsel memorandum or advice memorandum slamming a generally accepted employment policy. This past year, we have seen the NLRB take on social media policies, collective action waivers, at-will disclaimers and confidentiality rules. This time, … Continue Reading
