Clearing a Path to Complain Is a Key Part of Any Harassment Policy

EEOC v. Management Hospitality of Racine, Inc. (7th Cir. 1/9/12) [ an enhanced version of this opinion is available to lexis.com subscribers ] concerns some of the worst allegations of sexual harassment you will encounter, especially when you consider that the complaining employees were both teenagers...

The So-Called "Privacy" of Employee Emails

Humblebrag alert. Reporters call me all the time. It's a wonder that I can get any work done. Why, just last week, I was speaking to a reporter about an action recently initiated by current and former employees of the FDA, alleging that the agency unlawfully monitored their private emails...

NLRB Ruling Invalidating Common Personnel Policies

In a decision that could render illegal several common personnel policies, the National Labor Relations Board has held that an employer violated federal law by enacting rules requiring employees to perform only work during working hours, maintain the confidentiality of personnel files, and voice...

NLRB continues to attack facially neutral employment policies

The NLRB continues its assault on garden-variety employment policies, issuing three decisions over the last 10 days, each of which concluded that facially neutral employment policies violated employees' rights to engage in protected concerted activity. The cases are Flex Frac Logistics, LLC [pdf...

Saving Lives? We Have a Policy Against That

This story is sweeping through the mainstream media - a nurse at a California senior living facility called 911 when a resident was having trouble breathing. Per the 911 call ( LA Times coverage here ): A fire dispatcher unsuccessfully pleaded with a nurse to start CPR on an elderly woman who was...

Employees: You Have The Right To Say No

I'm constantly surprised by the number of employees who come to me after having signed things their employer shoved in front of them, released claims, accepted transfers or demotions, or even admitted to stealing when they didn't. I ask them, "Why didn't you say no?" They look...

Workplace Violence, Part 2: Crisis Management Tips for Employers

In my last post, in response to the bombings at the Boston Marathon, I talked about some ways that employers can prevent violence in the workplace and even avoid hiring the type of employee who might become violent. (Realizing, of course, that there are no guarantees and many laws limit what an...

Frankfurt Kurnit Klein & Selz: Monitoring Employee E-mails

E-mail can be powerful evidence in a dispute, and whether employers and criminal investigators may use employee e-mail in litigation proceedings is a hot topic. A recent New York federal court decision outlined the current law in this area. In United States v. Finazzo , 2013 U.S. Dist. LEXIS 22479...

Barran Liebman Alert: NLRB Targets No Solicitation Policy in Retailer's Employee Handbook

by Jose Klein Among the labor law trends that Barran has chronicled in its Electronic Alerts is the National Labor Relations Board's ("NLRB") expansive interpretation of what constitutes an unlawful restraint on an employee's exercise of his or her rights under the National ...