The Modern Workplace
- Posts by Pamela J. KovacsCounsel
As a former recruiter, Pamela Kovacs brings a unique insight into her work in employment and labor law, including having advised clients in the areas of discipline and discharge, employee handbooks, wage and hour, professional ...
The increased salary issue was expected to reach the boiling point with the release of the final DOL rule in ...
When picturing a union organizing campaign, you might picture a contentious battle between a justice-seeking union and the supposedly big bad corporate employer. But, this week we saw one example of unionization in a more cooperative work environment . . . literally.
A hiring policy based on looks is like nails on a chalkboard to an employment lawyer. So it comes as no surprise that the "Look Policy" of an Abercrombie & Fitch (A&F) store caused A&F trouble before the Supreme Court last week when the Court found in favor of the EEOC on a charge of religious discrimination against the clothing retailer. However, the decision has implications that reach beyond image-based hiring and sets standards of proof for religious accommodation claims and Title VII generally.
The Court's 8-1 opinion held that an employer need not have actual knowledge of an ...
When I present harassment training, I tell my audience that harassment is usually unlawful only when based on a protected-class status, such as race, gender, age, disability, etc. During the training, I often tell the story of the "equal opportunity harasser" the individual in the workplace who is a jerk to everyone and does not discriminate in picking the targets of his/her jerkiness (that's my technical term). This is the person who is a jerk to everyone. Because this person's behavior is status-blind, it doesn't violate discrimination or harassment laws.
Some Minnesota ...
Last week we mentioned the many stocking stuffers the National Labor Relations Board ("NLRB") handed out over the past few weeks in the form of rules and opinions modifying the union-organizing landscape. While unions probably see these changes as shiny new toys, many employers see them as lumps of coal. One such unwelcome stocking stuffer was the final enactment of the new NLRB's "quickie election rules on December 12. The NLRB final rule modifies the process for union representation elections in a way that streamlines and expedites the process for unions and sets high hurdles for ...
If you do business with the federal government, chances are that you're feeling weighed down by the various new requirements placed on you over the past year. We've discussed these requirements in past posts here and here. That's why you may be surprised to hear that the US Department of Labor's Veteran Employment and Training Service (VETS) published a final rule last week that actually makes something easier for federal contractors. The rule modifies and simplifies the reporting requirements under the Vietnam Era Veterans' adjustment Assistance Act (VEVRAA) for federal ...
Minnesota recently became the 22nd state to legalize medical marijuana use and, as part of the new law, to enact new potential employment protections for registered users of medical marijuana. Minnesota's new marijuana law has already gone into effect, but distribution of marijuana for medical purposes is not expected until July 1, 2015. Employers should use this extra time to familiarize themselves with Minnesota's new law and its potential implications. While the new Minnesota law purports to impose some new employment law obligations on employers, it also raises many ...
Move over World Cup. Discipline based on employee social media activities is taking center stage this week. Well, maybe the World Cup has a few more headlines, but you can follow the links below to read four articles from this week about employees getting into employment trouble based on their social media activity. Also, a recent survey shows that 70 percent of employers have disciplined employees for on-the-job misuse of social media. One lawyer is making news, though, for his drastic protests of workplace discipline based on employee social media postings.
Are you working in your pajamas right now? Or from the beach? If so, you may be one of the many Americans who telecommute. This week, a Forbes article discussed the rise of telecommuting, the reasons telecommuting is becoming more common, and why it's not for everyone. Meanwhile, a federal appellate court held that telecommuting may be required as a form of reasonable accommodation for a disabled employee. The court had previously held, back in 2004, that telecommuting was not a form of reasonable accommodation, but it explained that the technological evolution of the last decade now ...
Employers and their IT departments are always looking for ways to protect their data in this age of constantly changing technology. One new form of protection that may become available to employers is a "kill switch" on their employees' smartphones. A kill switch will allow a phones owner to remotely delete data and deactivate smartphones after a theft or loss. This week, Apple, Google, Samsung, Microsoft, and the five largest U.S. cell carriers voluntarily agreed to include the kill switch technology on all of their smartphones manufactured for sale in the U.S. after July 2015. There ...
Technology and the Workplace
How Google Humanizes Technology in the ...
Not all technology-based changes in the workplace involve social media and smartphones. This week's headlines and blog posts highlight other ways in which technology is changing the way we work. For example, employers are currently facing the decision of how to approach e-cigarettes in the workplace, and some employers are skipping the booth-filled convention centers and instead opting for virtual career fairs to find top candidates. We also have linked to an article below about employees who put your cybersecurity at risk and how to deal with them. Finally, learn how to craft email ...
Overtime pay is a big theme this week following President Obamas directive that the U.S. Department of Labor work to update the existing federal regulations on overtime pay. The most prominent change that is expected is an increase in the $455 minimum weekly salary that must be paid for an employee to be exempt from overtime pay requirements under federal wage and hour law. Before any overtime pay change can be finalized, the Department of Labor must complete a rule making process that could take a year or longer. Speaking of overtime, March Madness has begun once again. Check out the links ...
Across the country, federal government contractors are preparing to meet next weeks deadline for starting to comply with new affirmative action rules. Last fall, the Office of Federal Contract Compliance Programs (OFCCP) announced new affirmative action rules related to individuals with disabilities and protected veterans. Those new rules become effective next week on Monday, March 24, 2014. Some of the new requirements imposed by the rules have a March 24th compliance deadline. Others can wait until a contractor currently in the middle of its affirmative action plan ...
Week after week, the blogosphere is full of discussions about new developments in the law involving social media. This week, the Equal Employment Opportunity Commission joined the conversation by holding a public meeting to discuss the interplay between social media and employment discrimination. The meeting provided helpful tips to employers, such as how to minimize the risk of a discrimination charge when conducting social media background checks. And, while we're on the topic, you can click on the link below to see if your social media policy is keeping up with all of the recent ...
Some things should be kept private. This week, the blogosphere provided several anecdotal reminders of this principle for both employers and employees. As we noted in an earlier post, one former employee learned the hard way not to violate a settlement confidentiality provision when his settlement unraveled as a result of a Facebook post. You can also read on below to learn more about the potential future of employee privacy law. Also, check out the link below about when and how employers can access an employee's social media account used for business purposes. Finally, we have ...
Facebook, iMessages, WhatsApp, Snapchat, Twitter, Instagram, Telegram, Confide, MessageMe, Popcorn, Glide, Tango, Viber, Whisper. . . . According to a recent post on the New York Times Bits blog, these are just some of the many different ways to message someone from your smartphone. So, what does this mean for employers? Among other things, it's probably time to update your technology and social media policy. Yes, again. With all of these mobile methods of communication, employers need to be aware that company information is likely traveling outside of old communication methods ...
R u liable 4 your employee's txt msg? In some situations, the answer may be yes. Two courts reviewed employee texting issues this week. The first court reviewed whether an employer can be liable for an employee's unauthorized disclosure of confidential health information via text message. The second court addressed whether a text message to a supervisor can qualify as a request for leave under the Family Medical Leave Act. These cases and the other articles linked below provide valuable insights for employers in determining best practices related to workplace ...
The flowers and chocolates that will be delivered to employee desks this week for Valentine's Day are a great reminder for employers to think about the best practices for approaching workplace romances. For more information on that front, read on below. Also, if this post is a reminder that you are behind on your Valentine's plans, check out the apps below for some ideas.
Meanwhile, love between lawmakers and technology is not in the air in Washington. A proposed bill to ban in-flight phone calls passed a committee vote this week and will now head to the House floor. In other news, a U.S ...
As the world prepares this week for the start of the 2014 Winter Olympics, employers are being cautioned to address technology-induced liability. Many Fortune 500 companies have adopted policies banning employees' use of mobile devices while driving for work to avoid liability for a traffic accident caused by distracted-driving. The importance of workplace internet policies is also in the news this week, with an emphasis on policies that address an employers duty to report child pornography on a work device. You can read below about how to fight against technology-related ...
As Americans gear up for Super Bowl XLVIII, we've gathered some articles below to help you prepare for the big game and to consider the games potential impact on the workplace. You can read below about how one employee's team pride led to him being fired and about how big Super Bowl parties on Sunday night might lead to low workplace productivity on Monday. For those of you who haven't been following professional football throughout the season, be sure to check out the Super Bowl talking points below that you can use around the office. We also have all the app links below that you'll need for the ...
This week's headlines charged employers with preserving and protecting data in the workplace. This advice is timely given that this week is Tax Identity Theft Awareness Week, a time when employers are reminded to safeguard employee social security numbers to reduce identity theft risks. In other news, we've provided links below to the top 10 electronic discovery developments and trends from the past year. At the top of the list are the growth of Bring Your Own Device (BYOD) policies in the workplace and how work-related text messaging is causing courts to require employers to preserve ...
Brrrrrrrrrrrrrrrrr . . . it's cold out there! The recent cold snap that has swept the nation is affecting the workplace and technology. The cold weather serves as an important reminder for employers to have an up-to-date severe weather policy. In addition, before you email your employees from your smartphone at the bus stop to tell them that they don't have the day off work, check out NPR's reminder that your phone doesn't like the cold weather any more than you do. But don't worry; technology won't completely fail you this winter. We have a link to the top winter weather apps. Stay ...
Another new year has arrived. Perhaps you have promised to make it a year of getting organized, getting fit, or giving more to charity. On the technology front, social media is promising to make it a year of evolving workplace privacy law. Legislative bodies, courts, and administrative agencies are expected to consider a number of interesting legal issues, such as employer access to employees' or applicants' social media and email accounts, administrative agencies' access to employers' email servers, and employees' rights to communicate online about their terms and conditions of ...
The holiday season is a time for reflection, including reflection on our technology habits. Many individuals are aiming to be truly home for the Christmas holiday by engaging in digital detox plans and setting their smartphones and other mobile devices aside to spend time with family and friends. Disconnecting from workplace technology during non-work hours is also becoming a trend at other times of the year, and many employers are encouraging this trend. Another take-away from this holiday season may be to reflect on what your shopping habits can teach you about hiring ...
This week, Dropbox unveiled its new "Dropbox for Business" initiative, which gives employees a greater ability to establish digital work-life balance. The product includes two data folders - one for business data and one for personal data so that businesses and workers have the ability to segregate digital work and personal data. The Dropbox announcement came on the same day that Amazon unveiled a similar product. Airbnb also frequented the headlines this week, both for its new, streamlined app and for the scrutiny its vacation and home rental business is under from regulators. ...
Technology and the Workplace
Off-Duty Blogging Creates Employer Harassment Liability (LawfficeSpace)
Steakhouse Waiter Fired for Showing the World What a Great Tipper ...
Technology and the Workplace
FDA Staffers Sue Agency over Surveillance of Personal E-mail (WashingtonPost)
Companies Opening ...
Keeping an Eye on ...
This week technology once again helped and hurt the workplace. Companies are using cloud computing to save thousands of dollars, but employees still waste countless hours on email and the web. Meanwhile, new technology is making headlines this week, from Google goggles to an app that locates your iPhone for you. Plus, rumors are circulating about Microsoft Office on the iPad. Even if it's not true, a new app will give you access to a Windows 7 desktop from your iPad.
Technology and the Workplace
Should You Send That Email? (FastCo)
Your Facebook Profile Can Predict Your Job ...
Love is in the air this week as Valentine's Day approaches, and technology is in the news as it continues to impact and influence the development of the law. A Senate committee approved a bill this week that would allow television access to Supreme Court proceedings. A Texas court upheld the use of a defendant's MySpace page as evidence in his murder conviction. The country of Brazil filed suit against Twitter to try to block accounts that warn drivers of speed traps and roadblocks. And just as the law has collided with technology, Cupid's arrow has struck mobile devices everywhere ...
Technology and the Law
Can a Court Make You Give Up Your Password? (ABC News)
New Fight Breaks Out ...