With the NLRB recently issuing a complaint, http://www.nlrb.gov/shared_files/Press%20Releases/2010/R-2794.pdf, against a Connecticut employer for terminating an employee for posting comments on Facebook  (or maybe its because a lot of HR Departments have been watching ”The Social Network,” http://www.thesocialnetwork-movie.com), many employers have been asking whether they need a social media policy or whether they need to change existing policies.  (Of course, some employers are still asking, “What is social media?” and  “Doesn’t ‘twittering’ violate our sexual harassment policy?”)  

(more…)

At times, I have surmised that one reason women are usually the victims of sexual harassment is that most men can’t resist the power of The Man Gene. A recent case demonstrates that some men can defeat The Man Gene and even be the victims of sex harassment. In EEOC v. Prospect Airport Services, Inc., a male employee filed a harassment claim against his employer and a female co-worker.  

(more…)

I’m not sure there’s been an employment law subject receiving as much attention in the last 12-18 months as social media. Employers have implemented policies to prevent employees from using social media to put the employer in a bad light. The National Labor Relations Board has just issued a complaint contending that such policies can be a violation of the National Labor Relations Act.

(more…)

Motor vehicle crashes are the leading cause of worker fatalities, and distracted driving increases the risk of such accidents. Texting is the distraction of all distractions. The National Highway Traffic Safety Administration estimates that the risk of a crash for a driver who is texting is more than 23 times higher than an undistracted driver. President Obama has signed an executive order banning texting by federal employees while driving government vehicles. The Federal Motor Carrier Safety Administration issued regulatory guidance prohibiting commercial vehicle drivers from texting. Now OSHA has entered the fight against texting while driving. (Here and here.)

(more…)

Once a hot employment law issue, drug testing has been cool for quite some time. Most courts, including the U.S. Supreme Court, have ruled that there’s nothing wrong with testing for unlawful drugs, particularly in the private sector. So, for two decades, an increasing number of employers do drug testing routinely. The types of drug testing most commonly done are pre-employment, for cause or reasonable suspicion (for example, when an employee is involved in an accident at work, seems to be under the influence of something, etc.), and random.

(more…)

Much has been written on this subject, and I’m not sure I can add much. It seems that most people are outraged; want Juan Williams rehired; and accuse NPR of wrongful termination. A firing always gets people upset. The more public the firing of a well-known person, the greater the chance for outrage. It’s not like Juan Williams is the first person to ever be fired for subjective reasons.

(more…)

Under the Americans with Disabilities Act and the Americans with Disabilities Amendments Act, alcoholism is a disability. However, an alcoholic can be held to the same standards as other workers. He can be disciplined and even terminated if alcoholism interferes with work. Also, if an alcoholic employee comes to work while drinking or drunk, he can be fired.

(more…)

It takes more than an allegation of horseplay to establish sexual harassment, but sometimes, it’s difficult to distinguish between the two. In Cross v. Prairie Meadows Racetrack & Casino, Inc., the Eighth Circuit Court of Appeals considered whether alleged conduct was horseplay or sexual harassment.

(more…)

That’s an exaggeration. However, a recent incident involving a Rutgers University student demonstrates where social media and the Internet are taking us. College pranks at the beginning of the school year are common, particularly when freshmen are involved. These pranks have sometimes gone overboard, but with the Internet, a prank or an act of revenge can ravage  the  target.

(more…)

The Family and Medical Leave Act raises legal issues that aren’t easy to address or are misunderstood. Consider the case of Harvey v. Waste Management of Illinois, No. 1:08-cv-06828, N.D. Ill. An employee had 11 points for unexcused absences. One more, and termination would occur. When he arrived at work on the day in question, he reported to two supervisor that he was sick. One of the supervisors noticed the employee was visibly ill and had trouble standing. It was decided that the employee should go home. The employee’s absence that day was considered unexcused, giving him 12 points. He was terminated.

(more…)

I just returned from a wedding. One of our kids is getting married soon. So, vows have been on my mind lately. When an employee comes to work, there are rules and policies about what an employee will do and what an employer will do. Neither view them as vows, however. In a marriage, of course, vows can be words only. But they do make you think about an intended commitment.

(more…)

This week’s tip involved an employer’s right to control the attire worn by employees. One other point that needs to be made involves dress and religion. That necessarily raises the matter of providing a reasonable accommodation to an employee to dress differently from other employees because of religious beliefs. (See a post I did last week on a different aspect of religious accommodation.)

(more…)

An Ohio teacher is one of the latest employees to lose a job because of Facebook. It’s difficult to feel sorry for him. He should have known better. Apparently, like many other dupes, the teacher thought he was protected by some invisible shield and that he could get away with what everyone else couldn’t. He won’t be the last, no matter how much is written about the social media trap and no matter how well social media policies are written by employers.

(more…)

On the heels of my dress code post, a word on the latest in fashion design seems appropriate. A Spanish designer has developed a spray-on fabric as the newest form of clothing. If it has staying power, the spray-on may be the next clothing problem employers will have to face. It seems fraught with all kinds of mischief — from those wearing it and from those looking at people who are wearing it. This may make traditional skintight apparel obsolete. But don’t change your dress code just yet.

Last week’s news about the clothing of a female sports reporter named Ines Sainz and the reaction by New York Jets players is still in play. My post on the subject provoked a few mixed comments and several private emails, some agreeing with me, some not. Since it’s still talked and written about, often in the context of sex discrimination or sexual harassment, it seemed to justify a tip of the week.

(more…)

Shatkin, Shifflett, Maples and Knight worked together as administrative assistants. Shatkin, Shifflett and Maples didn’t  get along with Knight. These three employees had strong religious beliefs and decided to seek a higher power’s help in dealing with Knight. After the workday had ended and Knight had left for the day, Shatkin, Shifflett and Maples gathered at Knight’s cubicle. Shatkin rubbed olive oil on the metal doorway of the cubicle to invoke the presence of the Holy Spirit. Shifflett began chanting to remove the demons that possessed Knight. Maples offered an amen.

(more…)

Last week, I had a post about the restaurant server who filed a claim with the Tennessee Occupational Safety Health Administration, contending that Tennessee’s law allowing registered gun owners to bring their guns into restaurants and bars that serve alcohol violated TOSHA. Why? Allowing guns to be brought into places that serve alcohol creates a dangerous and unsafe workplace for employees who work in the restaurants and bars because of the threat of violence.

(more…)

Like a few other states, Tennessee has a law on the books that permits registered gun owners to bring their guns into establishments serving alcohol. A server in a Nashville restaurant has filed an anonymous complaint with the Tennessee Occupational Safety and Health Administration claiming that mixing guns with alcohol creates an unsafe work environment under TOSHA.

(more…)

About a decade ago, a group of female employees of Wal-Mart filed a sex discrimination class action against the company, beginning the case known as Dukes v. Wal-Mart. It now involves more than a million current and former female employees and is easily the largest employment discrimination lawsuit in American history. Wal-Mart has now asked the U.S. Supreme Court to review this case — not based on whether discrimination occurred but based on whether it’s permissible for a case involving so many women can proceed as a class action.

(more…)

There have been several posts on this blog concerning an employer’s right to monitor an employee’s activity. (Here, here, here, here, here, here, here, here, here, here, and here.) This can include reviewing how an employee uses her computer at work; placing cameras throughout the workplace to monitor employee activity; searching an employee and an employee’s property at work to enforce drug, weapons, and other policies; listening to employee telephone conversations at work; and placing GPS monitoring devices on vehicles used by employees.

(more…)