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Employment Law Blog

When It Comes To Employment Issues, Choose A Firm That Thinks Outside the Cubicle.

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Showing 247 posts in Employment Law.

Thinking Outside the Box: Eliminating the Criminal Conviction Box from Employment Applications

December 11, 2013
Posted In "Ban-the-box", Criminal Background Checks, EEOC, Employee Personnel Files, Employment Law, Job applications

As most employees and employers are aware, a standard employment application normally includes a box or line item for the applicant to document whether he/she has ever been convicted of a crime. In the employment relations realm, however, there exists a growing initiative to “ban-the-box” – meaning that job applications no longer ask about one’s criminal history. More >

The Christmas Conundrum, continued

December 4, 2013
Posted In Compensatory time off, Davis-Bacon and Related Acts, Employee Benefits, Employee Contracts, Employment Law, Government employees, McNamara O’Hara Service Contract Act, Paid Time Off ("PTO"), Title VII of the 1964 Civil Rights Act

On Monday we discussed the basic framework for providing employees with days off during recognized religious holidays.  A related issue commonly presented during the holiday season is whether employees must be paid for their time off. More >

The Christmas Conundrum

December 2, 2013
Posted In Compensatory time off, Employee Benefits, Employee Handbook, Employment Law, Paid Time Off ("PTO"), Title VII of the 1964 Civil Rights Act

The holidays are a joyous time of year, but many employers face the season with a certain sense of trepidation as their employees inevitably request time off work.  As the holiday season kicks into full gear, now is a good time for employers to refresh themselves on basic guidelines for granting and denying employees’ vacation requests. More >

Foul on the Play: When Bullying in the Workplace Is Real

November 26, 2013
Posted In Bullying, Employee Handbook, Employee Misconduct, Employment Law, Litigation, NFL Bullying Scandal, Violence

When Miami Dolphins player Jonathan Martin made allegations that veteran teammate Richie Incognito had bullied and hazed him so badly that he had no choice but to leave the team, the NFL was collectively stunned. Bullying in professional football? Can such a thing exist? More >

An Employer’s Duty Re: Jury Duty

November 18, 2013
Posted In Employment Law, Hiring and Firing, Jury duty, Litigation

Serving on a jury is one of the most important civic duties that a citizen can fulfill. For employers, however, having employees miss days or weeks at a time to sit on a jury can a mean a lag in productivity. If an essential employee is summoned for service it may be tempting for the employer to persuade him or her to find a way out of participating. As an attorney, I have often heard jurors attempt to skirt their duty by saying, “You Honor, I cannot miss work.” More >

Facebook Friends & Workplace Enemies, cont.

November 13, 2013
Posted In Ehling v. Monmouth-Ocean Hospital Service Corp., Employee Misconduct, Employment Law, Social Media, Social Media Policies, Social Privacy Laws

On Monday, I provided details about the Ehling case wherein an employee had made an inappropriate Facebook post and, unbeknownst to her, had that Facebook post sent to her manager by a Facebook “friend” and coworker. More >

Facebook Friends & Workplace Enemies

November 11, 2013
Posted In 2013), Employee Misconduct, Employment Law, Federal Stored Communications Act (“SCA”), Internet & Media Law, Litigation, Social Media, Social Media Policies, Social Privacy Laws

Inappropriate Facebook posts, pictures and the like have led to many firings in recent years. A large number of employees have become smarter on social media and made a concerted effort to not “friend” a manager or boss. They think that they are keeping their online persona and work reputation separate…but is that really possible when dealing with the Internet? More >

Varying Maternity Leave Policies, cont.

October 30, 2013
Posted In Employee Benefits, Employment Discrimination Laws, Employment Law, Family and Medical Leave Act (“FMLA”), Human Resource Department, Maternity Leave

On Monday, it was discussed that it is typically acceptable to offer different maternity leave benefits for employees at separate employer locations (such as a corporate office versus store locations). Further, it was noted that it is generally acceptable to have varying policies amongst employees, so far as the policies are applied within the parameters of the law (i.e., not discriminatory). More >

Varying Maternity Leave Policies

October 28, 2013
Posted In Employee Benefits, Employment Law, Family and Medical Leave Act (“FMLA”), Maternity Leave

Recently, our firm was asked if it were permissible for a company to have separate maternity policies for a corporate office from that of a store location.  The concern was of course that a claim of discrimination would be made if different policies were used, and it was right for the question to be asked.  However, what may be surprising is that there is no requirement that employees at different company locations all be offered the same benefits. In fact, it is common for employees in a corporate office to receive different employment packages than those at other locations, such as the company’s retail store or restaurant. In fact, an employer does not have to have the same policies for all employees in the same location in many instances. The key is that a policy not have an adverse impact on any protected groups or result in unintentional discrimination. More >

You Can’t Take It With You When You Go – Requiring Employees To Use PTO

October 21, 2013
Posted In Berrier v. Bizer, Employee Benefits, Employment Law, Family and Medical Leave Act (“FMLA”), Paid Time Off ("PTO")

Contrary to what many employees think, paid time off (“PTO”) is not a protected right. Instead, it is a matter of agreement between an employer and employee. There are times when employees may prefer to take unpaid leave so that they can accrue their PTO, but employers can determine whether this practice is permissible. It is lawful for employers to require that employees exhaust unused PTO time before taking unpaid time away from work. More >

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