Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: Facebook

Courts uphold law enforcement officer’s discharge for racially insensitive posts

Posted in First Amendment, Public Sector Employment, Social media
The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed by the First Amendment is not without limits, even for public sector employees. Governmental employees who voice their opinions — even on matters of… Continue Reading

Are you a harassment “daredevil”? Here are 5 behaviors that put you at risk.

Posted in Harassment, Social media
Not every obnoxious workplace behavior is unlawful harassment. To violate federal law, the harassment has to be unwelcome, based on a “protected category” (for example, sex or race), and “severe or pervasive.” But most employers aren’t satisfied with banning only “illegal” behavior, and rightfully not. The law does a fairly good job of keeping us from each other’s… Continue Reading

Who was naughty, and who was nice in employment law this year

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Labor Relations, Lawyers!, Pregnancy, Protected Concerted Activity, Retaliation, Safety, Social media, Telecommuting, Wage-Hour
Who’s been naughty and who’s been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments. NAUGHTY! The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic… Continue Reading

Have yourself an inclusive little Christmas . . .

Posted in Corporate Culture
Oh, for cryin’ out loud. Last week, a high school principal in Bangor, Maine, banned a math teacher from having a little pink Christmas holiday Hello Kitty tree in her classroom for the holidays. She says she was told it was too “religious,” although I’m still trying to figure out what religion Hello Kitty is associated… Continue Reading

Be thankful you’re not an employment law turkey

Posted in Discrimination, Harassment, Pregnancy, Retaliation, Social media, Work-Life Balance
Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments. I’m thankful that I’m not Trey Gowdy. The Republican Congressman from South Carolina and chair of the House Benghazi Committee is not out, but he’s… Continue Reading

Can we stop with the age-based stereotypes?

Posted in Discrimination
Is “digital native” the latest code term for “young”? A hot topic for the past few days, after an article on the subject appeared in Fortune, has been whether it’s discriminatory for an employer to specify in recruiting that it’s seeking to hire “digital natives.” A “digital native” is someone who was born into the digital world, which… Continue Reading

Eggs in the workplace

Posted in Discrimination, Pregnancy
No, not that kind of egg. This kind of egg:   Eggs – human eggs, aka ova – have been in the news this week. First, it was announced that Facebook and Apple will begin offering insurance coverage for female employees to freeze their eggs for later fertilization and implantation, a procedure that can cost as… Continue Reading

Employment law roundup: Do sexy immigrants who E-verify on Facebook cause obesity?

Posted in Discrimination, Harassment, Protected Concerted Activity, Social media
Top stories this week: The sexual assault charges against Dominique Strauss-Kahn have spurred discussion about employees in the hospitality industry, and their exposure to customer sexual harassment. Employers in industries with customer contact should be aware that they can, under certain circumstances, be liable for harassment by customers.… Continue Reading

Oh, the humanity! Stupidity rules in social media and employment

Posted in Social media
So much social media stupidity has been in the news this week that one hardly knows where to begin. School teachers who allegedly vented about their students on their Facebook pages and got busted by alert (and litigious) parents. Text messages about job searches accidentally sent to current (but soon-to-be-former) employers. And, meanwhile, the National Labor Relations Board is doing its best to give employees a federally guaranteed right to be stupid.… Continue Reading

“Use Good Judgment” and “Follow the Golden Rule” just don’t cut it in today’s legal climate

Posted in GINA, Harassment
Bruce Carton of Legal Blog Watch (via Overlawyered.com) notes the passing of Nordstrom's employee "handbook," which consisted of a single index card with the admonition to "use good judgment in all situations." Meanwhile, at Minding the Workplace and Jottings By An Employer's Lawyer, the authors note that many, if not all, of our workplace problems -- particularly harassment and "bullying" -- would go away if everyone simply followed The Golden Rule. I don't disagree.… Continue Reading