Employment & The Law - Spring 2010
Time to Get the Message: How Employers Can Address the Influx of Text Messaging in the Workplace
Whether for good or bad, and whether we like it or not, texting has become commonplace. In fact, studies show that since 2008, American cell phone users are sending more text messages than they are making phone calls. Thus, it should come as no surprise that texting is also having a major impact in the workplace. Because of the increased use of texting in the workplace, employers can no longer turn a blind eye to this common practice and, instead, must become “textperts” in ways to protect themselves from potential liabilities created by employee texting. [Read more →]
Is Your Company’s Maternity Leave Policy Legal? The EEOC May Not Think So
Picture this. Your company is contemplating providing women with two months of paid leave with an option to take two more months of unpaid leave for the birth of a child and it is contemplating providing men with two weeks of paid leave for the birth of a child. Legal? Perhaps not. In fact, such a policy might be considered unlawfully discriminatory against men. [Read more →]
The United States Court of Appeals for the Eleventh Circuit recently issued a landmark decision under which an employer could be liable for profane messages or statements that are not specifically directed towards the plaintiff-employee. The Reeves case is important because it emphasized that words alone can be sufficient to establish a sexual harassment claim – even without evidence of inappropriate touching. This decision will likely mean that employers can more easily be subject to viable claims of a hostile work environment. [Read more →]
Easy Come, Easy Go: State Rules on Post-Termination Forfeitures of Bonuses and Commissions
Many employers have a compensation plan in which an employee may qualify for commissions or a bonus as of December 31 to be paid in the following year. These plans often provide that if the employee is no longer employed by the date on which the bonus is scheduled to be paid, the bonus is not earned, and consequently the employer need not pay it. Are there any problems with this? [Read more →]
Expect Inspections: More Resources for OSHA Equals Increased Scrutiny
Employers in safety-sensitive industries beware: the Occupational Safety and Health Administration (OSHA), which increased workplace inspections in 2009, is expected to continue aggressive enforcement policies in 2010. In anticipation of new funding, OSHA has stepped-up investigations to enhance awareness of workplace safety standards. The Obama administration is currently seeking $50 million dollars to increase OSHA’s budget and allow the agency to hire 130 additional compliance officers. Additionally, Congress is reviewing proposed legislation that would significantly increase civil and criminal penalties for serious workplace safety violations. [Read more →]
The Americans with Disabilities Amendments Act of 2008: A Year in Review
The ADAAA, which altered the very definition of what it means to be disabled under the ADA, has been a source of confusion and frustration for employers. Undoubtedly, the ADAAA will result in more individuals being covered by the ADA. In passing the ADAAA, Congress expressed its general discontent with how the ADA had been applied since 1990 and stated that the new definition of disability “shall be construed in favor of broad coverage... to the maximum extent permitted by the terms of the ADA.” As a result, employers can expect an increase in requests for accommodations due to alleged disabilities and, unfortunately, lawsuits. [Read more →]
It has been an eventful last few months on Capitol Hill with the election of Scott Brown to the Massachusetts Senate seat vacated by the passing of Ted Kennedy and the passage of the health care bill (The Patient Protection and Affordable Care Act), which President Obama signed into law on March 23, 2010. The lost seat for Democrats means their filibuster-proof supermajority of 60 Senators is now gone. As this will likely have far-reaching ramifications on several of the bills we have discussed previously, we will revisit some of them in addition to reporting on new developments since our last newsletter. [Read more →]