Gibbons Law Alert

Gibbons Law Alert

Tagged: Policies/Handbooks

How Employers Can Combat the Flu

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Posted in Policies and Handbooks

On November 7, 2012

Flu season is here. Even when pandemic levels of the influenza virus are not expected, the flu nevertheless impacts businesses whose employees become ill and/or need to take time off for flu-related reasons. With limited restrictions, employers are permitted to adopt policies and practices to encourage flu prevention, to control workplace flu outbreaks and to maintain optimal efficiency during flu season, provided that their practices are applied consistently, non-discriminatorily and in keeping with published employment policies and handbooks.

NLRB’s Third Social Media Report Includes Model Social Media Policy

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Posted in E-Discovery: Legal Decisions and Court Rules / Policies and Handbooks

On May 31, 2012

On May 30, 2012, the National Labor Relations Board’s Acting General Counsel issued a third report on social media cases. This report follows the Board’s August 2011 and January 2012 reports on the subject, which we previously discussed. The guidance contained in the three social media reports is applicable to most private sector employers, unionized or not.

New Jersey Legislative Update: New Laws Could Limit Employer’s Use of Credit Reports and Social Networking Information

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Posted in Policies and Handbooks

On May 22, 2012

If passed into law, two bills currently pending before the New Jersey General Assembly will place significant limitations on the categories of information that New Jersey employers may use and rely upon in connection with the hiring, promotion, and termination of employees. Credit Reports & Related Information – Bill A2840, introduced in the Assembly on May 10, 2012, proposes legislation that would prohibit an employer from obtaining, requiring or otherwise basing employment decisions, such as hiring, promotion, and discipline on reports containing information about an applicant’s or current employee’s credit history, credit score, credit account balances, payment history, and savings or checking account balances or numbers.

Computer Fraud and Abuse Act Continues to be “Employer Friendly”

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Posted in Policies and Handbooks

On December 29, 2011

The Computer Fraud and Abuse Act (“CFAA”) is a federal law that, in part, makes it a crime to access a computer in an unauthorized manner. In the employment context, the statute has proven valuable in protecting confidential and proprietary information that employees can access on their employers’ electronic systems. Recent decisions by the United States Courts of Appeals for the Ninth and Third Circuits emphasize the breadth of the CFAA’s application to the workplace.

NJ Department of Labor Issues New Poster Notification for All Employers

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Posted in Policies and Handbooks / Wage and Hour

On November 23, 2011

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.

NLRB Report on Social Media Cases Provides Guidance for Employers on Social Media Policies

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Posted in Policies and Handbooks

On October 10, 2011

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 Gibbons Employment Academy Webinar Series – Disability and Reasonable Accommodations

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Posted in Policies and Handbooks

On June 23, 2011

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.

Introducing the Gibbons Employment Academy Webinar Series

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Posted in Policies and Handbooks

On May 23, 2011

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 Importance of a Workplace Romance Policy

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Posted in Policies and Handbooks

On May 2, 2011

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.

March Madness and its Impact on Employers

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Posted in Policies and Handbooks

On March 11, 2011

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.

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