Legal Developments and Risk Management Tips Impacting the Professional Liability Community.
Successful professionals promote values of cultural diversity, inclusion, and teamwork. However, occasionally a company policy of general application may have the unintended consequence of infringing on the religious practices of individual employees. Professional employers must tread cautiously when such a situation arises. Unintended discrimination may nevertheless violate civil rights laws protecting religious liberty.
NFL star Ray Rice was the subject of a recent media storm when he was suspended by the NFL due to allegations of domestic violence. Many have questioned the response by the NFL and the Ravens’ ownership’s to the Rice saga. This incident provides an opportune time to consider an employer’s obligations when it comes to an employee’s non-work related misconduct and underscores the debate over public and professional spheres. Can an employer discharge an employee for private conduct that has nothing to do with the job? How can an employer discipline an employee for conduct outside of the workplace without running the risk of suit?
Many employers have made great strides in adapting to the risks posed by online activity. Some maintain employee handbooks with social media and computer use policies. Others provide training and many monitor employee use of employer-provided devices. But risks still remain. Take, for example, the recent Indiana appellate decision regarding potential employer liability for an employee’s online conduct.
Part of running a successful professional practice involves fostering a work environment that is free from harassment. Federal law protects employees from harassment in the workplace, which becomes unlawful where the conduct is so pervasive as to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Many employers train employees about the consequences of harassment and have policies to handle employees who violate the rules. However, managing the conduct of employees is not necessarily sufficient to prevent liability.
Employers will implement various tools to increase productivity and efficiency, to generate profit and to create a comfortable office environment. Some employers are utilizing new surveillance systems in the office to achieve these goals; an issue that was recently addressed in the New York Times. Today, the run-of-the-mill security camera is passé; instead, new technologies track seemingly unlimited data about employees, including the amount and nature of employee interaction with co-workers, clients and customers. This is particularly popular in restaurants, retail stores, and other businesses where customer-service is a key to profitability. But is it legal? Is it appropriate for your office? Read on to find out.
America’s evolving perception of marijuana use is impacting the office setting. While the use of marijuana in the US is illegal under federal law, a state may pass laws permitting recreational or medical use so long as it maintains a proper regulatory system. Does this present a conflict amongst the courts and a headache for employers? You bet. Today, twenty-one states and DC permit the use of medical marijuana, and four more states have medical marijuana legislation pending. Given these developments and others on the horizon, employers must adapt to a workplace that may include recreational pot smokers.
Summer is almost here – the sun, vacations, Coronas, and lawsuits arising from unpaid internships. We’ve previously warned of these risks here and here. Yet, the suits that some call the “new slip and fall case” are more frequent than ever. It seems that every week brings news of another lawsuit filed by unpaid interns. So, another reminder is warranted. Employers must beware of these risks and take precaution to ensure that they are not the next victim of an FLSA class-action claim.
Brace yourselves, employers: March Madness is upon us. Thursday, March 20, was the first full day of the 2014 NCAA Men’s Division I Basketball Championship Tournament games, and the tourney does not conclude until the Championship Game on Monday, April 7, in Arlington, Texas. During the tournament’s three weeks, the US economy will lose an estimated $1.2 billion in productivity as employees watch early round games, participate in office pools, and discuss the outcomes with co-workers. The question remains, are these office pools legal?
In the non-stop business world, many employees struggle to find time to exercise. Yet, some employers encourage physical fitness as a means of boosting the health and productivity of their teams. A recent study suggests that a new double-tasking combination – exercising while working – might be a good business “move”.
A recent trend is developing of late where employers are considering “no smoker” employment policies. These policies go beyond “no smoking in the workplace;” some ban employees from smoking at any time. Such policies may lower insurance premiums. Some employers also suggest that these policies cut down on productivity issues due to smoke breaks and high absenteeism due to smoking-related illnesses. Opponents of these policies argue that they are discriminatory or in violation of privacy laws. This raises an interesting debate.