A few years ago, I posed the question: Is a workplace “English-only” rule legal?
Yadda, yadda, yadda, sometimes.
That is, in this Compliance Manual, the EEOC confirms that employers may adopt English-only rules under certain circumstances, insofar as it is adopted for nondiscriminatory reasons (e.g., safety, business necessity) and not to discriminate on the basis of national origin. Continue reading
This “invasion of privacy” question is the lynchpin of a new lawsuit from two former employees of one of the largest beer companies in the world. The complaint (available here), which began in state court, has been removed to federal court in New Jersey.
David Gialanella, reporting for the New Jersey Law Journal (full article here), summarizes the facts of the case:
A year ago, five company employees, including Nascimento and Yule, exchanged a series of text messages, apparently disparaging fellow employee Alex Davis. The messages were transmitted using their personal mobile phones, and on their own time, but Nascimento’s personal phone was linked to his company iPad through the iMessaging application, causing the messages to be stored on the iPad, according to the complaint.
Afterward, Nascimento was issued a new iPad, while the old one—with his text messages and credit card information still stored on it—was loaned to Davis. Davis discovered the text messages and complained, after which Nascimento, Yule and the others were questioned by investigators hired by Anheuser-Busch, according to the complaint.
Nascimento, Yule and a third employee involved in the messaging were terminated last September for “‘violation of corporate policy regarding use of company equipment,’” while a fourth was reprimanded, according to the complaint.
Before I get to a 1752-word blog post about the National Labor Relations Board going wee-wee all over your workplace Cheerios with this March 18 report from General Counsel Griffin, replete with examples of how your employee handbook is overly broad and violates the National Labor Relations Act, let me do two things:
So, about that report… Continue reading
So…how many of you slept well after last night’s The Walking Dead? Don’t worry, no spoilers here.
Instead, what I do have is this link to a great post from my blogging buddy, Sharlyn Lauby a/k/a the HR Bartender. With a little help from this dude, Sharlyn’s post hits on, well, you read the lede: HR mistakes and how to address them.
Head on over to HRBartender.com and check it out.
Back in December, I warned you (here) that, after two failed attempts to enact paid sick leave in Philadelphia, the third time may be the charm in 2015.
I was right.
(Want to rub my head for good luck? Or hire me as your employment lawyer? Yeah, let’s go with the second one.)
Yesterday, Mayor Nutter signed into law a paid sick leave bill that passed City Council by a vote of 14-2. The new law, which will apply to businesses with at least 10 employees, will allow employees to accrue an hour of paid sick leave for every 40 hours of work. It goes into effect in 90 days.
After the jump, what employers can learn from a possibly botched drug test and the failure to hire a Rastafarian
(Or an excuse for me to make gratuitous True Romance references).
I had every intention of watching the President address the Nation last night. I really did.
But, then I got sucked into the Director’s Cut of The Harlem Globetrotters on Gilligan’s Island, the one where the Washington Generals show up first and replace all the confetti with lice. Then poor Lovie Howell takes some shrapnel and, frankly, I didn’t realize that Thurston could order a hit squad so quickly to a remote Island.
By the time I remembered the SOTU, the Harlem Globetrotters were busting out a ladder — sorry, Krusty — and que sera.
Fortunately for me, and, by extension, you, the White House printed a copy of the SOTU, which I could cut and paste expertly analyze for you after the jump…
In an announcement made late in the day yesterday on LinkedIn, Valerie Jarrett, Senior Advisor to President Barack Obama, posted that President Obama will call upon Congress today to pass the Healthy Families Act.
More on this push from the President and what it will mean for American business, after the jump…
And by bearded dragon, I mean, well, bearded dragon.
This warning holds true even if you operate a reptile store. Chris Joseph of the Broward/Palm Beach New Times reports (here) that a Florida reptile store owner was “arrested on battery and cruelty to animal charges on Friday after he allegedly hit some of his employees with a live lizard multiple times.”
It’s all in this police report. Additionally, according to Joseph article, the same store previously had “hosted a roach-eating contest that ended up killing contestant after he choked on the dozens of roaches and worms during the contest.”
YES, THAT’S RIGHT. NO BIG DEAL.
Hey, if you’re a big employment dork like me, (vote Handbook!), you’ve already read a bunch of blog posts, and you’ll read several more about how the sky is falling after yesterday’s NLRB decision, in which the Board held that employees may use company email to discuss the terms and conditions of employment.
Yes, this decision extends to any workplace — not just unionized workplaces — that is covered by the National Labor Relations Act. And, yes, it may help your employees communicate with one another to form a union (gasp!) or otherwise discuss working conditions, but…
The Employer Handbook Blog