White Paper: Complying With Regulations Regarding Temporary Workersss
The use of temporary workers is growing in the United States, now representing 22% of the total workforce. Temporary workers are referred to as freelancers, non-employees, indirect workers, agency contractors, consultants, interns, independent contractors, and many other terms.
Managing Dismissal to Avoid RepercussionlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
Applying for Employment With a Disability: Reasonable Accomodations, Undue Ha...Richard Celler
Unfortunately, individuals who have a real or perceived disability continue to suffer discrimination in the workplace though, hindering their ability to earn a living and enjoy an independent life. Learn more about employment with a disability in this presentation.
Do employers have a duty to keep guns out of the workplace? Do they have the power to prohibit guns on their premises? Are they exposed to liability if they don't keep guns out of their workplaces? What has the Utah legislature said about these issues? Chris discusses these questions.
The LABOR CODE made EASY (by Atty. PoL Sangalang)PoL Sangalang
The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
Solving Quiet Dilemmas in California - Ken Grayccpc
Ken Gray is Professor Emeritus of the Workforce Education and Development Program at Penn State. Prior to this, he was the Superintendent of Schools for Vocational Technical High School System in the state of Connecticut, and has been a high school English teacher, guidance counselor, and vocational director. Dr. Gray is considered a national authority on high school and post-secondary career and technical education and the successful transition of youth into the workforce. He is the principle author of Other Ways to Win and Getting Real: Helping Teens Find Their Future.
White Paper: Complying With Regulations Regarding Temporary Workersss
The use of temporary workers is growing in the United States, now representing 22% of the total workforce. Temporary workers are referred to as freelancers, non-employees, indirect workers, agency contractors, consultants, interns, independent contractors, and many other terms.
Managing Dismissal to Avoid RepercussionlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
Applying for Employment With a Disability: Reasonable Accomodations, Undue Ha...Richard Celler
Unfortunately, individuals who have a real or perceived disability continue to suffer discrimination in the workplace though, hindering their ability to earn a living and enjoy an independent life. Learn more about employment with a disability in this presentation.
Do employers have a duty to keep guns out of the workplace? Do they have the power to prohibit guns on their premises? Are they exposed to liability if they don't keep guns out of their workplaces? What has the Utah legislature said about these issues? Chris discusses these questions.
The LABOR CODE made EASY (by Atty. PoL Sangalang)PoL Sangalang
The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
Solving Quiet Dilemmas in California - Ken Grayccpc
Ken Gray is Professor Emeritus of the Workforce Education and Development Program at Penn State. Prior to this, he was the Superintendent of Schools for Vocational Technical High School System in the state of Connecticut, and has been a high school English teacher, guidance counselor, and vocational director. Dr. Gray is considered a national authority on high school and post-secondary career and technical education and the successful transition of youth into the workforce. He is the principle author of Other Ways to Win and Getting Real: Helping Teens Find Their Future.
Federal Agency Rules Hush Money Payment in a Severance Agreement is Unlawful....Kingston Law Group
The National Labor Relations Board (NLRB) recently ruled that language commonly used in severance agreements is unlawful. The Board stated these provisions conflict with ex-employees’ rights to discuss the terms and conditions of their employment with others. Their February decision hasn’t been appealed as of this writing, but it probably will be.
https://kingstonlawgroup.com/federal-agency-rules-hush-money-payment-in-a-severance-agreement-is-unlawful/
Employee RightsWhat Every Fraud Examiner Needs to KnowJanuaryTanaMaeskm
Employee Rights
What Every Fraud Examiner Needs to Know
January/February 2001
By Kevin P. Prendergast, J.D.
The phrase "getting off on a technicality" is well-known in the criminal law arena. If a law enforcement officer is found to have violated the rights of a suspect during a search or arrest, the suspect could walk free, regardless of his guilt or culpability. That same concept applies in the employment law setting as well.
For example, I was recently involved in a case involving an employee in a highly safety-sensitive position who was terminated for failing an alcohol screening. At the arbitration, the employee freely admitted to having consumed a 12-pack of beer prior to reporting to work. The employee was involved in an altercation on the job and was ordered to immediately go for the screening, which he couldn’t pass.
However, the employee, as a union member and a public employee, was protected by union contract, civil service rules, statutes, and the U.S. Constitution. His supervisors, when ordering the alcohol screen, had failed to follow the technical rules governing screening. This employee prevailed on the technicality, triumphantly returning to work with a year’s worth of back pay. Both supervisors were later disciplined by the employer who was quite irritated at having to sign a check for the back pay.
If you’re asked to investigate employee misconduct, you’ll need to know the laws that limit or even prohibit certain types of investigations. If you don’t, you could become embroiled in some nasty courtroom battles.
Ten years ago, the debate was whether an employee’s locker or desk could be searched. Today, the arguments are over the sanctity of hard drives, e-mail messages, and voice mail.
Employment litigation can have a tremendous effect on a company’s bottom line. Even when a firm prevails in court, the cost of managers tied up in depositions and trial preparation can be substantial. Avoid landing in court by knowing the laws and the latest interpretations.
As an initial matter – prior to commencing an investigation – you need to know what type of employment relationship exists between the employer and employee. This step will often set the ground rules to which you will need to adhere. Once you begin the investigation, you need to be aware of the applicable laws so that you can at least spot potential issues and avoid problems. You don’t need to be an expert but you do need to know all written procedures to avoid the "technicality trap."
Define Employment Relationship
All employment relationships aren’t created equal. The nature of the relationship will set limitations on the type of investigation to be performed. Investigations may be limited by written agreements, union contracts, civil service rules, or constitutional limitations applicable to public employees.
Define Term Employment
Employees may be hired for a definite period of time. During that time, they may only be terminated for "just c ...
ETHICS, LAW AND CORPORATE SOCIAL RESPONSIBILITY -
Malaysian Industrial – Labour Relation, SEXUAL HARASSMENT ISSUE, RETRENCHMENT ISSUE, IMPOSITION ISSUE
HR and Employment Law Updates October 2013QA Law HR
Do you need to know recent changes in employment law? We gave the guests at our HR seminar a brief overview of changes affecting their business. These changes include Settlement Agreements, Employee Shareholder Agreements, CRB checks becoming DBS checks, changes to collective redundancies, and the latest figures of fees and rates.
Lean Start-up Business Tactics Seminar - HR Issues and Your Start-up UNHInnovation
Inevitably, you will need the services and/or skill sets of other people to get your business running. When you begin to add people to your lean start-up, the initial question will be whether or not each person will be an employee or independent contractor. This seminar will help you understand the pros and cons of each type of relationship, and the legal risks in one vs. the other.
If you hire even one employee, there are HR legal compliance issues you will need to address. This seminar also discusses the HR issues that are most important as you begin to add employees, such as:
-Your obligations under wage laws and employment verification laws
-Approaching incentive compensation
-Protecting your confidential information and trade secrets
54Chapter 3 • The Legal Context54Chapter 3 • The Legal Conte.docxevonnehoggarth79783
54
Chapter 3 • The Legal Context
54
Chapter 3 • The Legal Context
50 Chapter 3 • The Legal Context
Chapter 3 • The Legal Context 51
· Enhances the quality of the firm's hiring decisions.
· Enhances the company's reputation and image as an employer.
· Promotes the perception of fairness among job candidates.
· Reduces the negative public relations firms experience when people feel they were discriminated against and tell others about their experience.
· Reinforces an ethical culture.
· Enhances an organization's performance by ensuring that people are hired or not hired based on their qualifications, not biases.
· Promotes diversity, which can enhance an organization's ability to appeal to a broader customer base.
Given that entire books have been written on employment law, this chapter's coverage of the major government regulations and legal issues involving staffing cannot cover every detail. This book is not intended as a legal reference, and it does not constitute legal advice. The purpose of this chapter is to provide an overview of some of the key laws and legal issues surrounding staffing and to identify resources for additional information. The chapter will also give you a good understanding of how to prevent discriminatory or illegal staffing practices. Laws change and differ from state to state, and they evolve over time, so you should always consult legal counsel to ensure compliance with current local, state, and federal regulations.
In this chapter, we first discuss various types of employment relationships, their legal implications, and the influence of labor unions. Next, we cover some of the primary laws and regulations regarding staffing, different enforcement agencies, and different types of staffing-related lawsuits. Finally, we discuss barriers to legal recruitment and hiring. After reading this chapter, you should have a good understanding of how to create a legal staffing system.
THE TYPES OF EMPLOYMENT RELATIONSHIPS
Employers use different types of employment relationships to strategically manage their workforce and ensure that they have the number of workers with the skills they need ready to work when they need them. Let's look at these different employment relationships and their legal implications.
52 Chapter 3 • The Legal Context
Chapter 3 • The Legal Context 51
EMPLOYEE
someone hired by another person or business for a wage or fixed payment in exchange for personal services, and who does not provide the services as part of an independent business
EXPLICIT EMPLOYMENT CONTRACT
specific written or verbal employment contract
IMPLICIT EMPLOYMENT CONTRACT
an understanding that is not part of a written or verbal contract
AT-WILL EMPLOYMENT
an employment relationship in which either party can terminate the employment relationship at any time for just cause, no cause, or any cause that is not illegal with no liability as long as there is no contract for a definite term of employment
Types of Employees
EMPLOYE.
Legally Managing Employees
IN THIS CHAPTER, YOU WILL LEARN:
1. To differentiate between an employment agreement and an employee manual.
2. To establish a nondiscriminatory work environment.
3. To implement a procedure designed to eliminate sexual harassment and minimize the risk of penalties resulting from charges of unlawful harassment.
4. To legally manage the complex areas of employee leave, compensation, and performance.
5. To respond appropriately to unemployment claims.
6. To summarize and list the employment records that must be maintained to meet legal requirements.
EMPLOYMENT RELATIONSHIPS
All employers and employees have employment agreements with each other.
Employment agreement: The terms of the employment relationship between an employer and employee that specifies the rights and obligations of each party to the agreement.
Generally, employment agreements in the hospitality industry are established verbally, or with an offer letter.
Offer Letter
offer letters detail the offer made by the employer to the employee.
when properly composed, can help prevent legal difficulties caused by employee or employer misunderstandings.
Offer Letter
Some employers believe offer letters should be used only for managerial positions, but to avoid difficulties, all employees should have signed offer letters in their personnel files.
Components
Employee Manual
In most cases, the offer letter will not detail all of the policies and procedures to which the employer and employee agree.
The topics covered by an employee manual will vary from one organization to another.
Employee Manual
In either case, an important point to remember is that employee manuals are often referenced by the courts to help define the terms of the employment agreement if a dispute arises.
some common topic areas include:
General Policies
Compensation
Benefits
Special Areas
General Policies
Probationary periods
Performance reviews
Disciplinary process
Termination
Attendance
Drug and alcohol testing
Uniforms
Lockers
Personal telephone calls
Appearance and grooming
Compensation
Pay periods
Payroll deductions
Tip-reporting requirements
Timekeeping procedures
Overtime pay policies
Meal periods
Schedule posting
Call-in pay
Sick pay
Vacation pay
Benefits
Health insurance
Dental insurance
Disability insurance
Vacation accrual
Paid holidays
Jury duty
Funeral leave
Retirement programs
Duty meals
Leaves of absence
Transfers
Educational reimbursement plans
Special Areas
Policies against harassment
Grievance and complaint procedures
Family medical leave information
Dispute resolution
Safety rules
Security rules
Emergency preparedness
Employee manuals should be kept up to date, and it should be clearly established that it is the employer, not the employee, who retains the right to revise the employee manual.
Many companies issue employee manuals with a signature page, where employees
Legal And Regulatory Requirements Related To An Organization MansiGupta413277
Taking steps to meet your legal obligations might seem like a management no-brainer, but only fulfilling your minimum requirements might result in missed opportunities. Understanding the reasons for the various rules, laws and regulations that govern your business will help you take advantage of any benefits they offer while ensuring you stay in compliance at all times.
HR compliance update is essential for keeping up with ever-changing laws and regulations. Start 2020 confident you can handle the questions from supervisors, employees, and corporate leaders about employment law changes.
Keeping up with Oregon's changing workplace laws - 2019Xenium HR
A number of Oregon’s laws regarding the workplace are currently in flux. Our new pay equity laws just hit the books, the legislature is currently discussing potential changes to paid family leave and other employer obligations. When even employment lawyers and HR professionals are struggling to understand the specifics of these new laws, how do you manage your responsibilities to your employees practically without letting them distract from day-to-day operations?
1. The New, the Not-so-New and the
Downright Ugly Laws You Need to Know
Presented by Tamara E. Russell
At the OSWAHCR May 2012 Meeting
2. Legislative, Administrative and Otherwise
“No man’s life, liberty or property are safe
while the legislature are in session.”
-- Judge Gideon J. Tucker
3. Adds “job applicant who is currently
unemployed” to the list of protected classes
under ORS Chapter 659A
Companies may not include in job
advertisements:
• the requirement that candidates must be currently
employed (no mention of an applicant‟s employment
status)
• the company‟s intent to consider or review applicants
only from those candidates who are employed
ButOK to state that licensing must be
current, only current employees of the
company will be considered, etc.
4. The EEOC held that transgender workers
are protected by Title VII.
The opinion is the first from the EEOC to
address legal protections for transgender
employees.
Employers now face federal claims of
discrimination by employees who are not
traditionally gendered, in addition to
Oregon claims.
5. Oldlaw: ORS 811.507 banned the use of hand-
held cell phones in most circumstances.
• One exception: OK to use hand-held cell phone in the
scope of the person‟s employment “if operation of the
motor vehicle is necessary for the person‟s job.”
New law: Eliminates the on-the-job provision
• Also gives law enforcement officials the right to stop a
car solely because the person appears to be violating
ORS 811.507
6. Update your company vehicle use policy or
announce the change in the law
- OR –
Implement a vehicle use policy/announce
the new law
7. OLD: To be effective, the written agreement
must be presented to the employee no less
than two weeks‟ before employee‟s anticipated
start date, with an offer of employment (or upon
“bona fide advancement”) (ORS 36.620)
NEW: To be effective, the written agreement
must be presented to the employee no less
than 72 hours‟ before employee‟s anticipated
start date, with an offer of employment (or upon
“bona fide advancement”)
8. NEW: The following language must be
included in the agreement, which must be
signed by the employee:
I acknowledge that I have received and read or have
had the opportunity to read this arbitration agreement. I
understand that this arbitration agreement requires that
disputes that involve the matters subject to the
agreement be submitted to mediation or arbitration
pursuant to the arbitration agreement rather than to a
judge and jury in court.
9. NLRB meddling: D.R. Horton, Inc.
357 NLRB No. 184 (January 3, 2012)
An employer violates the NLRA by
conditioning employment on agreements
providing that all employment disputes and
claims will be resolved in arbitration
• No foreclosing any litigation of “class” or “collective”
claims in court or arbitration, either.
10. D.R. Horton, Inc. key employer takeaways:
Arbitration
agreements for supervisors,
managerial employees and independent
contractors unaffected by ruling
Forregular employees, check your arbitration
agreements as to scope.
• Consider adding: “Nothing in this agreement is intended
to preclude an employee‟s participation in class or
collective actions, or to otherwise chill an employee‟s
NLRA rights.”
11. Employers must continue health, disability, life or
other insurance coverage for an employee during
times when the employee serves or is scheduled to
serve as a juror
Applies to employers with 10 or more employees
The employee must provide notice to the employer
of his or her election to have coverage continue
during jury duty
A limited process exists to recover costs of the
employee‟s share of premiums.
12. HB 3034 (codified at ORS 10.090)
Employers are now prohibited from requiring
employees on jury duty to use vacation, sick
or other annual leave for time spent
responding to jury summonses, or for time
spent on jury duty
Theemployee must be allowed to take
unpaid leave instead
13. National incarceration statistics “support a
finding that criminal record exclusions
have a disparate impact based on race
and national origin.”
Therefore,per the EEOC, it is unlawful to
exclude candidates for
employment/promotion because of a
criminal past UNLESS the employer can
show that the exclusion is “job-related and
a business necessity.”
14. “Job-related/business necessity defense”
1. Validate the criminal record exclusion for the position
in question per the Uniform Guidelines on Employee
Selection Procedures standards (if such validation is
possible); or
2. Develop a targeted screen considering the nature or
gravity of the criminal offense, the time elapsed since
the offense or completion of the sentence, and the
nature of the job. Then provide an individualized
assessment for all individuals excluded by the
screen to determine whether the policy as applied is
job-related and consistent with business necessity.
15. EEOC “best practices”:
Eliminate overbroad policies that exclude
individuals from employment based on any
criminal record;
Tailor policies for screening applicants to identify
the requirements of the job and determine specific
offenses that may demonstrate unfitness for such
jobs;
Limit inquiries to criminal records for which
exclusions are job related and consistent with
business necessity;
Train managers and hiring professionals on the
new tailored policies and Title VII discrimination.
16. Set to become effective June 7, 2012 unless
enough signatures gathered to force a
referendum (due June 6).
Little
effect on Washington employers
because of 2009 adoption of “everything but
marriage” domestic partner rights.
• Thus, registered domestic partners get the same
benefits and obligations that apply to spouses under
Washington law, including the right to use sick leave to
care for each other, the right to workers‟
compensation, unemployment and disability benefits.
17.
18. ASurvey of Social Media Issues Before the
NLRB – Issued by the U.S. Chamber of
Commerce on August 5, 2011
• http://www.uschamber.com/reports/survey-social-
media-issues-nlrb
Report
of the Acting General Counsel
Concerning Social Media Cases – Issued by
the NLRB on January 24, 2012
• https://www.nlrb.gov/news/acting-general-counsel-
issues-second-social-media-report
19. Perthe NLRB, these policies violate the NLRA
on a per se basis because they could discourage
employees from making negative comments
about the terms and conditions of their
employment
Outright“illegal” policy: “[m]aking disparaging
comments about the company through any
media, including online blogs, other electronic
media or through the media.”
20. Per the NLRB, such a policy may not impinge on
employees‟ ability to discuss their wages and
working conditions with others inside or outside the
organization.
Per se illegal, per the NLRB: A provision that
prohibited employees from “disclosing or
communicating . . . confidential, sensitive, or non-
public information concerning the company on or
through company property to anyone outside the
company without prior approval of senior
management or the law department.”
21. NLRB: It is unlawful to have a policy which
prohibits “use of the company‟s name or service
marks outside the course of business without prior
approval of the law department.”
Why? Employees have the right under the NLRA
to use the company‟s name and logo “while
engaging in protected concerted activity, such as
in electronic or paper leaflets, cartoons, or picket
signs in connection with a protect involving the
terms and conditions of employment.”
22. Per the NLRB, employers cannot
require employees to “expressly state
that their comments are their personal
opinions and do not necessarily reflect
the employer‟s opinions.”
23. Discussions of work-related concerns
Communications with the media
“Unprofessional conduct” and other
poorly defined terms
24. No access to social/web networking sites
or blogs using employer-provided
equipment (computers, cell phones, etc.)
• Consider blocking access to the well-
known accounts
Employees may not access social/web
networking sites and may not blog during
work hours
25. Employees should expect that any
information created, transmitted,
downloaded, exchanged or discussed on
social networking sites and/or blogs may be
accessed by the employer at any time
without prior notice
No expectation of privacy!!
26. Employees may not use social media to post or
display comments about coworkers or supervisors
that are vulgar, obscene, threatening, intimidating,
harassing or a violation of the Employer‟s
workplace policies against discrimination,
harassment, or hostility on account of age, race,
religion, sex, ethnicity, nationality, disability or other
protected class, status or characteristic.
27. Employees who comment about
Employer‟s products or services must
identify themselves in their post and
state something to the effect of, “The
views expressed here are my own. My
employer did not review these before I
posted them.”
28. Employees are prohibited from using or
disclosing confidential and/or proprietary
information, including personal health
information about customers [patients,
clients, etc.]
29. “Any conflict between the law and policy
language will be decided in favor of the law.
Nothing in this policy is intended to chill an
employee‟s right to engage in concerted
activities under the NLRA.”
31. Maryland became the first state in the
country on April 9, 2012, to pass legislation
prohibiting employers from requiring or
seeking user names, passwords or any
other means of accessing personal
internet sites as a condition of employment
Four other states considering similar
legislation (California, Illinois, Minnesota
and New York)
32. Members of U.S Congress asked the U.S.
DOJ and the EEOC to launch a federal
investigation into whether employers who
ask for their applicants‟ and employees‟
passwords and usernames violate federal
law
Two weeks ago: “Social Networking Online
Protection Act” (SNOPA) introduced
34. February 3, 2012: EEOC issues final rule that
goes into effect April 3, 2012:
• Employers must retain workplace records so that the
EEOC is able to assess an employer‟s compliance with
GINA‟s prohibition of employment discrimination based
on a worker‟s genetic information
Good news: This requires no additional
document retention efforts if personnel and
employment records are currently kept for a
year following an employee‟s departure
35. OFLA – updated January 2012
• Applicable to Oregon employers with 25 or more
employees
Minimum Wage (Oregon only) – updated
January 2012
• Applicable to all Oregon employers
Unemployment Benefits (Washington) –
updated 4/12
36. “Employee Rights Under the NLRA”
English, Spanish and 23 other non-English
versions available at:
https://www.nlrb.gov/poster
April 17, 2012 - The U.S. Court of Appeals
for the District of Columbia enjoined the
NLRB's Notice posting.
• Employers do not have to post the Notice until the
Court of Appeals decides the issue
37. New form for 2012
Under the Patient Protection and Affordable
Care Act (health care reform), employers must
report the aggregate cost of applicable
employer-sponsored health coverage on
employees‟ Forms W-2 starting in the 2012 tax
year.
• Employers who filed fewer than 250 Forms W-2 in 2011
are not required to report.
For more information, go to
http://www.irs.gov/newsroom/article/0,,id=237894,00.html
38. WH-380-E,
WH-380-F, WH-381, WH-382,
WH-384, WH-385 – reissued late February
2012
OOPS! Two big omissions . . . .
39. No GINA “safe harbor” for employers
• Employers may lawfully request medical
information if the employer informs the employee
at the time the information is sought that it is not
seeking genetic information about the employee
or his or her family member.
40. So what to do? Attach “the” language:
"The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities
covered by GINA Title II from requesting or requiring genetic information of employees or their family
members. In order to comply with this law, we are asking that you not provide any genetic information
when responding to this request for medical information. „Genetic information,' as defined by GINA,
includes an individual's family medical history, the results of an individual's or family member's genetic
tests, the fact that an individual or an individual's family member sought or received genetic services, and
genetic information of a fetus carried by an individual or an individual's family member or an embryo
lawfully held by an individual or family member receiving assistive reproductive services.”
OR, attach simplified language that does the trick:
Please do not provide any genetic information when
responding to this request for medical information. We
do not want you to produce family medical history, the
fact that you or a family member sought or received
genetic services, or personal or a family member‟s
genetic test results.
41. Missing military leave provisions:
1) An employee's right to protected FMLA leave as a
result of a family member's call to duty in a foreign
country (a qualifying exigency; the form WH-384 only
discusses "contingency operations");
2) The fact that under "military caregiver leave," an
eligible employee can take leave up to five years
after the servicemember left the military (military
caregiver leave may be taken to care for veterans
who are undergoing medical treatment, recuperation
or therapy for serious injury or illness that occurred
any time during the five years preceding the date of
treatment) (WH-385)
43. The Stored Communications Act (18 USC §
2702)
• Prohibits access to electronic communications
(including email and web sites) unless the
accessor is the provider of the email account or
the owner of a web site
Konop v. Hawaiian Airlines, Inc. (9th Cir 2002)
Pietrylo v. Hillstone Restaurant Group (D.N.J.
2009)
Violation of SCA when an employer accessed an
employee‟s password-protected web site
44. Be careful of post-termination email searches
Do you have a policy now that puts employees on
notice of possible email searches?
Are you limiting searches/monitoring to information
necessary to determine whether employees are
complying with employer policy?
If you receive a report of misconduct on a password-
protected web site, ask someone with the password to
print out a copy for you
• Also get signed authorization from the password-holder to do so
(and give them the right to revoke the password)
45. Expressing any views, arguments or
opinions or the dissemination thereof,
whether in written, printed, graphic or
visual form shall not constitute or be
evidence of an unfair labor practice… if
such express contains no threat of
reprisal or force or promise of benefit
• Section 8(c)
46. “[Employer]is a union-free company. It
always has been, and we desire that it will
always remain so. We prefer to deal directly
with our employees instead of through a third
party, and we believe that sound leadership
and concern for our employees is the best
way of ensuring the propriety of our company
and the welfare of our employees.”
• In re Hancock, 337 NLRB 1223 (2002), enforced as modified, John
W. Hancock, Jr., Inc. v. N.L.R.B., 73 Fed. Appx. 617 (4th Cir. 2003)
47. Employee/plaintiff claimed he was fired because
his fiancée filed a sex discrimination charge with
the EEOC
Two lower courts found that Thompson could
not sue because he had not engaged in an
activity that Title VII protects – he had not been
fired after complaining about discrimination
himself or otherwise engaged in protected
activity
48. U.S.Supreme Court: Thompson may
sue because he is in the “zone of
interests” protected by Title VII
• This is true even if the employee does not
directly engage in a “protected activity” (e.g.,
complaints of workplace discrimination or
harassment)
49. Training
Update (or create) job descriptions
Audit independent contractor arrangements
Review employees classified as “exempt”:
Are they really? Are they still?
51. If an employee becomes incarcerated in jail and is not
expected to be released from jail in time for the employee
to go to work, it is the employee‟s responsibility to either
call the employee‟s manager/supervisor as soon as he
becomes incarcerated, or at the very least two hours
before his/her shift begins in order to allow his/her shift to
be covered for the day.
The Company has discretion to either terminate the
employee or work with the employee; however, if the
employee fails to notify the Company on the first day of
his incarceration or on the first day he would have worked,
the employee will be immediately terminated as of the first
day he did not return with no reinstatement rights.
52. Company provides “severance” on an
occasional basis to departing employees.
Employee is terminated for performance issues
Employee asks for severance and complains,
on the way out the door, that she had been
sexually harassed “for months.”
Eight months later, she files a BOLI claim, and
company tenders the complaint to its insurance
carrier.
Coverage denied! “Severance” = “money”
53. “... you can either
ask the question
or
experience the answer ...”
- Author unknown
(source: http://www.gaia.com/quotes/topics/questions)