The Employer's Lawyer

Let the Audits Begin

Tax day is past, and now everyone can start worry about being audited. And while you may be worried about an IRS audit, you shouldn’t forget about the Department of Labor. The Fair Labor Standards Act gives the DOL’s Wage and Hour Division broad investigative authority to review employer records and conduct on-site inspections. Luckily,…

To Delete, Or Not To Delete

Two recent cases, one from the plaintiff’s side and one from the defendant’s side, highlight the importance of following information retention requirements. Recently, Heather Painter learned a difficult lesson about deleting. Ms. Painter claimed that her boss, a dentist, sexually harassed her. After filing her lawsuit, she deleted some Facebook comments that (allegedly) said she…

Weeding Out the Medical Marijuana Issues

Alright, alright, alright… After a very entertaining and high-ly informative #nextchat about medical marijuana in the workplace, I started thinking about some of the points made today and decided that I’d like to expand on some of the ideas thrown around.  And I’ll  try to avoid more bad jokes and puns, but no promises… The…

What Do the NLRB’s Social Media Decisions Mean for BYOD Policies?

Do you have a BYOD policy?  If so, click on through to see what the NLRB’s social media policy decisions and guidance can teach you about crafting a BYOD policy to pass the NLRB’s inevitable targeting in the future. Blogging4Jobs.com – Lessons from the NLRB’s Social Media Decisions for BYOD Policies

Why Not Move Away From Geographic Limits in Non-Competes?

If your employees have access to sensitive or confidential information, it’s likely you required your employees to sign non-competition agreements. Pennsylvania courts don’t look favorably on non-competes and, as a result, they have placed certain limitations on the ways employers can limit their former employees. In the words of Pennsylvania courts, a non-compete must be…

Embrace the Madness

A few years ago, I wrote about the effect March Madness has on productivity and your options for mitigating the inevitable distractions.  Apparently not many of you were listening, because the Society for Human Resources Management reports that 81 percent of employers do not have a policy regulating office pools. Allowing, or turning a blind…

Confident It Won’t Remain A Secret

Two fairly new apps are receiving a lot of press lately: Confide and Secret.  While you may have heard them mentioned before, you may not be familiar with what each app offers. Confide is an iOS messaging app that its creators say will allow users to send messages without fear that those messages will be…

Silence is Golden

You’ve almost certainly read about the girl who cost her father an $80,000 settlement by posting about it on Facebook.  If you’ve been living under a rock, here’s the short version: The plaintiff reached an $80,000 settlement for alleged age discrimination with his former employer, but before the settlement is paid, his daughter posts “Mama…

Don’t Let Jailbreaking Escape Your BYOD Policy

Bring-your-own-device (BYOD) approaches have been embraced by employers, because they can reduce costs and employees tend to prefer being allowed the freedom to choose their own phones and tablets. Of course, the freedom to purchase and use their own phones and tablets comes with a new set of challenges and, potentially, headaches.  A small, but…