Archive for July 2018
What Employee Speech Is Protected in the Workplace?
Employees don’t have a constitutional right to free speech at work, but employers still need to be aware of federal and state laws that do protect workers’ speech in certain situations. The First Amendment guarantees citizens the protection of free speech from intrusion by the federal government, however it does not apply to private actors,…
Read MoreHave Your Cake and Eat it Too – How a Proper Plan Can Help Your Company Benefit from a BYOD Workplace
Bring Your Own Device (BYOD) is a movement that allows employees to use their own mobile devices for both work-related and personal use. Today, more than ninety percent of employees use their own smartphones for getting their work done, and the global BYOD market is projected to reach USD 350 billion by 2022. BYOD presents…
Read MoreEmployers Often Designate Leave as FMLA Despite Objections
Employees eligible for leave under the Family and Medical Leave Act (FMLA) might want to decline FMLA leave for a variety of reasons, but employers often can designate the time off as FMLA anyway. Note though that in jurisdictions covered by the 9th U.S. Circuit Court of Appeals, the employer must allow the employee to decline…
Read MoreCan You Be Held Personally Liable In An Employment Lawsuit? The Answer Lies Down A Rabbit Hole
In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I’ve believed as many as six impossible things before breakfast.” This appears to be the rallying cry of many plaintiffs across the country when they file administrative charges and lawsuits. They continue to name individual supervisors and human resources directors as individual defendants…
Read MoreSupreme Court Rules Unconstitutional Mandatory Fees Imposed on Non-Union, Public Sector Employees
Public sector employees who are non-members of a union cannot be legally required to pay agency or “fair share” fees as a condition of employment, the U.S. Supreme Court has held in a 5-4 ruling. Janus v. AFSCME Council 31, No. 16-1466 (June 27, 2018). Janus reverses the Court’s 1977 decision in Abood v. Detroit…
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