Category: Policies and Handbooks
The New Jersey Department of Labor and Workforce Development (“DOL”) recently issued a new notice regarding the maintenance and reporting of employment records. All New Jersey employers must immediately begin providing a copy of the notice upon hire to any employee hired after November 7, 2011. For all pre-existing employees, the notice must be provided by December 7, 2011. Provision of the notice may be provided by hard copy or electronic mail. In addition to these distribution requirements, the notice must immediately be conspicuously posted at each worksite either by displaying it alongside other required workplace postings in a readily visible and accessible location or on an employer-run Internet or intranet site that is used exlusively by employees and to which all employees have access. Failure to comply with the distribution and and posting requirements carries a fine of up to $1,000, in addition to possible criminal penalties.
The National Labor Relations Board’s Acting General Counsel recently issued a report and press release summarizing the outcomes of recent NLRB cases involving employees’ use of social media and the legality of employers’ social media policies. Among the cases discussed in the report are several in which the Board found that provisions of employers’ social media policies violated Section 8(a)(1) of the National Labor Relations Act, which prohibits work rules that would “reasonably tend to chill employees in the exercise of their Section 7 rights” to engage in “concerted activities” for the purpose of “mutual aid or protection.”
The second program in our Gibbons Employment Academy Webinar Series, focusing on Disability and Reasonable Accommodations, is scheduled for next Wednesday, June 29, from 8:30 to 10:30 am. The ADA Amendments Act of 2008 and the EEOC’s recently issued regulations explaining and implementing that Act have been widely touted as significantly expanding the definition of disability. It is anticipated that as a result of the Act, more employees than ever before will be considered disabled and will be seeking accommodations. Employers must understand what is deemed a disability under the law and what steps are necessary when employees request accommodations for their disabilities. The webinar will explore these topics as well as provide a survey of accommodations that have been deemed reasonable and those that have not.
As highlighted in our January “Focus on Training in 2011” post, training programs directed to human resources and supervisory employees are a win-win for employers. Whether as a primer or refresher, a legal overview and update on current developments will enable decision-makers to work within the boundaries of the law and reduce costs associated with employee complaints and litigation. Although employees are entitled to various protections under the law, employers must feel that they are empowered to make decisions and manage their employees, from the hiring process through separation.
The adoption and enforcement of a policy regarding consensual workplace relationships is essential for all employers. With the American workforce spending at least one-third of their lives at work, it is inevitable that some employees will engage in romantic and sexual relationships with one another. A recent case in the Eastern District of Pennsylvania, Lucchesi v. Day & Zimmerman Group, reinforces that such relationships may have business and legal costs. While employers cannot prevent these relationships from forming or ending, they can take steps to manage their effect on the workplace and to reduce the potential liability stemming from them. A well-drafted policy is a critical first step.
With the NCAA Men’s Basketball Tournament set to begin next week, employees everywhere will be filling out their tournament brackets. As “March Madness” sweeps the nation, employers face special challenges — particularly in maintaining a productive and efficient workforce at a time when distractions are abundant. In addition, employers should ensure that any tournament pools organized at the workplace are operated in accordance with the law.
The highly publicized “Facebook firing” case, brought by the National Labor Relations Board (NLRB) and discussed in a November 12, 2010 post in the Employment Law Alert, ended with a settlement announced on February 7, 2011. According to the Complaint, American Medical Response of Connecticut Inc. (“AMR”) terminated an employee for criticizing her boss on her Facebook account.
2011 should be the year in which all companies renew their commitment to training employees. Specifically, all employees should be trained on important company policies, such as the anti-harassment and discrimination policies, and human resources employees and supervisors should be trained on consistently problematic topics such as performance management, accommodating disabilities under the Americans with Disabilities Act and leaves under the Family and Medical Leave Act and similar state laws.
The importance of making reasonable accommodations to workplace dress codes based on an employee’s religious practices was the focus of a recent settlement between the U.S. Department of Justice (DOJ) and Essex County, New Jersey. According to the Complaint filed by the DOJ in United States of America v. Essex County, New Jersey, Yvette Beshier, a Muslim corrections officer, was suspended and then terminated because the religious head scarf she wore violated the Essex County Department of Correction’s uniform policy. The DOJ alleged that Essex County’s treatment of Beshier constituted religious discrimination in violation of Tile VII of the 1964 Civil Rights Act because it failed to accommodate her religious beliefs.
Employers wanting to prohibit damaging communications from being made about them by employees through blogging and rapidly evolving social media such as Facebook, Twitter, and LinkedIn should be aware of a recent National Labor Relations Board (NLRB) Complaint against American Medical Response of Connecticut, Inc. asserting that two of the more common employer restrictions on employee blogging and social media communications constitute unfair labor practices and are, therefore, unlawful. In its News Release, the NLRB pointed to two of the provisions in the company’s blogging and internet posting policies as being unlawful under Section 7 of the National Labor Relations Act (NLRA).
