February, 2013

GUEST POST: The Budding Burden of BYOD – Legal Issues Abound

February 28, 2013 | by Eric B. Meyer

Today we have a guest blogger at The Employer Handbook. It’s Shannon Dorvall. Shannon is a practicing Los Angeles criminal attorney. She is a graduate of the University of Montana law school, and has argued cases in front of Ninth Circuit Court of Appeals and the Supreme Court. When she isn’t writing about law or actually practicing it, Shannon enjoys perfecting her cooking and catching up with a good book

(Want to guest blog at The Employer Handbook? Email me).

A new workplace social-networking privacy bill surfaces in Philly

February 27, 2013 | by Eric B. Meyer

Philadelphia may be poised now to follow in the footsteps of other states and municipalities that have passed similar laws to regulate what appears to be a non-existent problem.

I’ll lay it out for you after the jump…

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Repeatedly discussing your employee’s sex life with her is bad, you guys.

February 26, 2013 | by Eric B. Meyer

Duh, right?

Still, a federal appellate court recently reminded us (here) that, indeed, bad things happen when, every week for several months, a male supervisor tells his female subordinate that her husband is “not taking care of [her] in bed.”

Though not threatening, they were more than merely offensive. For a male to say to a female employee under his supervision that her husband was “not taking care of [her] in bed” is the sort of remark that can readily be found to be a solicitation for sexual relations coupled with a claim of sexual prowess and can just as readily be found to have been perceived as such by the female employee. The weekly repetition of such a remark over several weeks only served to reenforce its offensive meaning and to make sexual intimidation, ridicule, and insult a pervasive part of Desardouin’s workplace, effectively changing the terms and conditions of her employment….The allegations of repeated solicitation of sexual relations in a vulgar and humiliating manner suffice to warrant a trial.

Yahoo! has a new no-telecommuting rule. Here’s why it may be unlawful.

February 25, 2013 | by Eric B. Meyer

Over the weekend, I read this article from Kara Swisher on AllThingsD.com, in which she reports that Yahoo!, under its new leadership, will implement a no-telecommuting rule, effective June 1.

Ms. Swisher posted a copy of the internal Yahoo! memorandum to its employees, in which the company underscores the “critical” need to be at the office versus working form home where “speed and quality are often compromised.”

Sounds good in theory. But I have a little monkey-wrench.

@Eric_B_Meyer on DriveThruHR #dthr

February 22, 2013 | by Eric B. Meyer

Have you checked out DriveThruHR yet?

DriveThruHR is the baby of Bryan Wempen and William Tincup, a half-hour radio show on which these two HR leaders, along with a guest, discuss the latest trends, thoughts and sentiment within the industry.

Yesterday, I was on DriveThruHR, Human Resource’s #1 Daily Radio, talking social media and the workplace, Americans with Disabilities Act, hockey, and gettin’ freaky with the mashed potatoes. Yeah, that’s right. Hockey.

8 employee-handbook tips from Django Unchained. Yes, seriously.

February 21, 2013 | by Eric B. Meyer

My buds over at TLNT.com are running a series of movie-themed HR posts leading up to next week’s Oscar Awards.

Here is my submission. Enjoy!

Supreme Court to determine what “clothes” are under the FLSA.

February 20, 2013 | by Eric B. Meyer

With a title like that, this post could only arouse the interest of an employment lawyer.

But, all of y’all should pay attention.

Under the Fair Labor Standards Act, the period of time during which a covered employee must be paid begins when the worker engages in a principal activity. Putting on and taking off (or, in legalese, “donning and doffing”) protective clothing is considered a principal activity. However, the FLSA expressly provides that employees don’t get paid for time spent “changing clothes” if a union contract says so.

Manager’s drunk Facebook threats + Boss’s Buddha blogging = retaliation claim?

February 19, 2013 | by Eric B. Meyer

No body shots here; just a swift federal court kick to Coyote Ugly’s social-media jewels.

You get the ice. I’ll pour a double and serve up the details after the jump…

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GUEST POST: The ADA and Test-Taking

February 15, 2013 | by Eric B. Meyer

Today we have a guest blogger at The Employer Handbook. It’s my colleague, Katharine Hartman. Katharine is an associate in Dilworth Paxson’s Labor & Employment Group, but also asked that I give a little shoutout to our new Test Publishing, Certification and Licensure Group.

So holla!

After the jump is a little cross-over between the two. Hope you like it.

(Want to guest blog at The Employer Handbook? Email me).

Bitter Barista blogs his way out of job by smack-talking customers, boss

February 14, 2013 | by Eric B. Meyer

Facebook firings have been so en vogue recently. See, Exhibits A, B, and C.

But, let’s not forget that there are many other social-media platforms off of which employees can belly-flop into the unemployment pool.

{That image seemed somehow less harsh in my head. Now that I see it on screen. Oh well…}