Human Resources Policies

Philadelphia’s Mayor vetoes a proposed mandatory-sick-pay bill

June 30, 2011 | by Eric B. Meyer

Yesterday afternoon, in a letter to City Council, Mayor Michael Nutter vetoed the “Promoting Healthy Families and Workplaces” bill. This bill, discussed in a previous blog post, would have required businesses to provide paid sick leave to employees who work a minimum number of hours in Philadelphia County.

On June 16, City Council passed a watered-down version of the bill by a razor-thin 9-8 vote.

Here is a copy of the amended bill.

Does an employer’s computer policy trump the marital privilege?

June 13, 2011 | by Eric B. Meyer

Let’s assume that your company — as many do — has a computer-use policy, which underscores that electronic communications sent over your network are not private and the company has the right to monitor all such electronic communications.

Under federal law, communications between the spouses, privately made, are generally assumed to have been intended to be confidential, and hence they are privileged. What if a husband and wife who work for your company email each other over your network? Are these emails subject to the marital privilege, or does the computer-use policy eviscerate it?

Find out after the jump.

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Before taking medical leave in Cancun, read this…

May 23, 2011 | by Eric B. Meyer

Can a company create and enforce a policy that requires employees on paid sick leave to remain close to their homes, unless they obtain the company’s permission?

Would that policy infringe on an employee’s FMLA rights?

Good questions.

The answers are after the jump.

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Can DE employees access their personnel files upon request?

May 3, 2011 | by Eric B. Meyer

In keeping with The Employer Handbook tradition (and so as not to reverse any good black and gold mojo), once again, I will follow a Bruins OT playoff win…

(cue the music…)

…with a look at an employee’s right to review his/her personnel file. Last week, we explored whether Pennsylvania businesses must cede to an employee request to review his/her personnel file.

After the jump, same question, different state: Delaware.

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Will Philly employers soon be required to offer paid sick leave?

March 24, 2011 | by Eric B. Meyer

Two Philadelphia posts in a single week. That’s called keeping it real.

For local employers, keeping it real may mean moving out of the city, as the cost of doing business in Philadelphia could be on the rise.

Check out this post I did for The Legal Intelligencer about a bill that City Council is currently considering that would require businesses to provide paid sick leave to employees who work a minimum number of hours in Philadelphia County.

Can an employer legally refuse to hire a smoker?

February 24, 2011 | by Eric B. Meyer

Keeping with this week’s smoking theme, I see that the The New York Times recently ran a story discussing how some employers are refusing to hire smokers. The article warns, ““Smokers now face another risk from their habit: it could cost them a shot at a job.”

But is this legal? Can an employer really refuse to hire someone who smokes?

To learn the answer, check out a recent post I did at The Legal Intelligencer.

Can an employee be fired for using medicinal marijuana?

February 22, 2011 | by Eric B. Meyer

“I know you don’t smoke weed, I know this; but I’m gonna get you high today, ’cause it’s Friday; you ain’t got no job… and you ain’t got sh*t to do.” – Smokey from Friday (1995).

Back in 1995, when Smokey was trying to convince his buddy Craig to get high, California had yet to decriminalize marijuana for medical use. Now, a number of states have legalized medical marijuana.

But what happens when medical marijuana use results in a positive drug test at work? Is the company allowed to fire that employee?

Find out, after the jump.

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Make sure to visit the Carnival of HR

February 4, 2011 | by Eric B. Meyer

Breastfeeding in the workplace: DOL seeks comments

January 24, 2011 | by Eric B. Meyer

Last month, the United States Department of Labor’s Wage and Hour Division issued a request for public comments on its preliminary interpretations of a new provision of the Fair Labor Standards Act that requires employers to provide nursing mothers with reasonable break time and a private space for expressing breast milk while at work.

For more information about this new requirement for employers, check out some previous posts I did on the subject here and here.

The DOL will accept public comments until Feb. 22, 2011 — via http://www.regulations.gov.

Breastfeeding in the workplace: Is your business compliant?

December 13, 2010 | by Eric B. Meyer

Previously, I wrote (The Patient Protection and Affordable Care Act, enacted earlier this year, amended the