The Employer Handbook Blog

U.S. Senate now has its own FB password bill; NJ nears similar ban

May 14, 2012 | by Eric B. Meyer

Well, that didn’t take long.

Late last month, I reported on a bill that had been introduced in the U.S. House of Representatives, known as the Social Networking Online Protection Act (SNOPA), that would prohibit employers, schools, and universities from requiring someone to provide a username, password or other access to online content.

Now, it’s the U.S. Senate’s turn to get in on the act with its own password bill. Plus, after the jump, I’ll have an update on similar legislation winding its way to Governor Christie in New Jersey…

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A Facebook firing? An employer in hot water? Ya don’t say…

May 11, 2012 | by Eric B. Meyer

Yesterday, I gave my social media in the workplace spiel to a great crowd in Hershey, PA, at the Banyan Consulting 12th Annual Conference. Not surprisingly, the majority of questions posed involved the attention that the National Labor Relations Board has paid to social-media-related employee discipline. And that reminded me that a case I discussed earlier this week, the one involving overly-broad handbooks policies that restricted employee discussions of wages, had a second component worth discussing; namely, an unlawful Facebook firing. More after the jump…

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Pregnant Workers Fairness Act introduced in Congress

May 10, 2012 | by Eric B. Meyer

Earlier this week, Representatives Jerrold Nadler (D-NY), Carolyn Maloney (D-NY), Jackie Speier (D-CA) and Susan Davis (D-CA), introduced the Pregnant Workers Fairness Act.

What’s in the bill and how will it affect employers? Find out after the jump…

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That’s what he said: “Oktoberfest” & “No OT for you!”

May 9, 2012 | by Eric B. Meyer

Cool image, huh? I drawed it myself. The fact that I took the time to do that suggests that I am in no condition to blog intelligently. Plus, Pandora is on the fritz, so I am all sorts of pissy. Therefore, before I turn out the lights and lock the door at the office, how about some Slipknot — anger issues, Eric? — and “That’s what he said” after the jump…

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NLRB: Barring employees from discussing salary is a bad idea

May 8, 2012 | by Eric B. Meyer

Section 7 of the National Labor Relations Act protects the rights of employees to discuss wages and other benefits with each other and nonemployees. By maintaining a rule that restricts employee freedom in this regard, an employer violates Section 8(a)(1) of the Act.

How does this play out in the real world? Find out after the jump…

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Report: Employees share WAY more Facebook info than they think

May 7, 2012 | by Eric B. Meyer

Maryland has a new law forbidding employers from demanding that job applicants and employees divulge online passwords. Two weeks ago, the federal government proposed similar legislation. And, last week, news surfaced that Delaware may be placing the same restrictions on employers.

But who needs to demand online passwords, when, according to this report from Consumer Reports, your employees are sharing way more information on Facebook than they realize.

Some of the highlights from the report and a few related tips for employers follow after the jump…

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That’s what she said: A hairy religious discrimination claim is settled

May 4, 2012 | by Eric B. Meyer

If only I had a nickel for every time someone asked me, “How do you have time to blog every day?” The answer is simple: ~~Jolt Cola Juleps and rogue Keebler Elves~~ I just enjoy writing. But even so, it can get tiring sometimes.

https://www.youtube.com/watch?v=SZdjJdOzN5QI was discussing this with a few HR blogger friends over dinner a few Fridays ago. They empathized. And then, I smiled, as whatever the opposite of writer’s block is overtook me faster than a fat kid at a cake buffet:

I’ll just do a post called “That’s what she said.”

Boom! ~~Plagiarism!~~ Double entendre + less work for me = one happy blogger dork.

I’ve struck gold…after the jump…

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No FMLA claim for employee who mistakenly thought he was fired

May 3, 2012 | by Eric B. Meyer

Stop me if you’ve heard this one before…

Employee gets bad performance review.
Employee laments to HR about the pressures of work.
Employee emails a company vice president requesting that he stop propagating company “propaganda”.
Employee accuses another employee of “dismantling the Spanish Department”
Employee attempts to mass email the company.

Oh, it gets better..after the jump…

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More office romances; more anti-harassment training

May 2, 2012 | by Eric B. Meyer

A recent survey by Workplace Options, shows that most Generation-Y employees believe that an office romance will have a positive influence on performance and overall workplace morale.

Sounds like a Cialis commercial.

Who says I need to wait for Valentine’s Day for this post? Losers, that’s who. Lock the broom closets and click through for more on this survey and ways to address the office romance…

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New NLRB election rules may get derailed; plus more on SNOPA

May 1, 2012 | by Eric B. Meyer

Two quick updates for you today; one labor, one employment.

Word has trickled in that the U.S. District Court for the District of Columbia held a conference call with lawyers from the National Labor Relations Board, the U.S. Chamber of Commerce, and the Coalition for a Democratic Workplace, and informed them that the Court would rule by May 15 on a pending challenge to the NLRB “quickie” election rule changes. You can view those rule changes in this post I did last week.

And in case you missed yesterday’s post on new federal legislation that would bar employer demands for online passwords, be sure to check it out. Late in the day, I scored a copy of the bill, known as Social Networking Online Protection Act (SNOPA), and added a link. We know now that employers that violate the law will be subject to civil fines of up to $10K. The Secretary of Labor may also seek injunctive relief. However, the federal law does not mention a private cause of action for individuals.