Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. However, those bygone times have been replaced by a modern era wherein employers are forced to apply employment laws created before the personal computer to their workforce located in an increasingly virtual world. The COVD-19 pandemic has only accelerated the transition to a more virtual workplace. In this high-flying installment of #No Filter, we explore sample cases involving two Customer Service Agents and the decisions of their private employers to take disciplinary action following objectionable social media posts made on their personal devices while off-duty.
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#No Filter: Terminating an Employee for Social Media Posts – Part 4
Posted in COVID-19, Social Media
COVID-19 Vaccination Policies for California Employers – Navigating Uncertainty
Jump to a topic:
- Healthy Workplace Strategies
- Employer Considerations
- Questions that Employers should Expect
- ADA and Title VII of the Civil Rights Act of 1964
California employers who are considering implementing policies for employee vaccinations in their workplaces face uncertainty. They are rightly confused for a number of reasons, including a regulatory landscape that remains muddled with respect to the parameters of what employers can or should do with respect to establishing appropriate vaccination policies in their specific workplaces. Employers lack clear guidance, which means in the short term companies will face uncertainty in making crucial decisions for operating with appropriate levels of safety to protect their employees, customers, clients, and vendors.
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Posted in COVID-19 Vaccine
A Portrait in Blue: Recent Developments in Colorado Employment Laws (Part 1)
There is a popular country & western song by Keith Urban entitled, “Blue Ain’t Your Color.” However, as the political landscape in Colorado has changed over the past two decades it’s become increasingly clear that blue is the color of our state, as the Democratic Party now holds the governorship, both U.S. senator seats and a majority of both houses in the state legislature.
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Posted in Labor & Employment
Hair Discrimination: The New Protected Class and What Employers Need to Know to Stay Ahead
As employers know, they must keep an eye on the ever-changing landscape of employment discrimination laws. One of the more recent developments in this arena is the passage of laws banning discrimination based on hairstyles or textures commonly associated with a person’s race or nationality.
Read more ›Employer Guide to COVID-19 Vaccination
David Barron, John Carrigan, Jr., Arielle Eisenberg, Aaron Holt, and Nandini Sane designed a guide on how employers can handle the COVID-19 vaccination for their employees. The most important question right now for Human Resources professionals is vaccination and more specifically, how to implement appropriate policies regarding employee vaccinations. Cozen O’Connor’s labor department has prepared the attached handout which addresses best practices surrounding mandatory and voluntary policies. It is a must-read for every organization.
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Posted in COVID-19, COVID-19 Vaccine
COVID-19 Pandemic Creates Unique Hiring Concerns For Remote Employees
We are ten months into this pandemic, and many employees continue to work remotely with no end in sight. Indeed, recent surveys show that a sizeable number of employees prefer remote work and hope to continue working remotely even after the pandemic ends. This reality is causing many employers to consider remote working arrangements never before considered– including the prospect of hiring completely remote employees who may live and work in cities and states differently than where the employer is located. Employees may be looking at this possibility for the first time because: If no one is physically going into the office, does it matter where your employee is located?
Read more ›Top 5 Tips for Conducting a Remote Investigation
With many workforces continuing to work remotely, companies have had to reshape the ways in which important business functions are executed, including the ways in which workplace investigations are conducted. In fact, over the last several months, many businesses have switched to conducting investigations remotely. These remote investigations can have some significant benefits, such as cost savings, reduced travel, and increased efficiency. However, remote investigations can also have their own unique challenges. Below are five practical tips employers should consider when conducting a remote investigation.
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Posted in Investigations
Top 5 Takeaways From The EEOC COVID-19 Vaccine Guidance
As the new year rolls in, the COVID-19 vaccine is on everyone’s mind. The Pfizer vaccine has officially been distributed throughout the United States (albeit through a more limited Emergency Use Authorization process) and rumors are circulating that the FDA will approve the Moderna vaccine any day now. For most employers, this is new territory. In fact, there has been little guidance, if any, on whether an employer can mandate vaccination in the workplace. On December 16, 2020, the EEOC issued new guidance, updating its COVID-19 FAQ to provide some much-needed clarification for employers contemplating vaccination strategies.
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Posted in COVID-19
#No Filter: Terminating an Employee for Social Media Posts – Part 3
Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. Those bygone times, however, have been replaced by a modern era wherein employers are forced to apply employment laws created before the personal computer to their workforce in an increasingly virtual world. The COVID-19 pandemic has dramatically accelerated this transition to a virtual workplace. In this installment of #No Filter, we explore sample cases involving public employers and their decisions to take disciplinary action following objectionable social media posts.
Read more ›
Posted in Social Media
5 Practical Tips For Reviewing Your Handbook And Policies
Each year, employers should review and reevaluate their employee handbooks and policies. This is an important practice as new laws will often go into effect at the start of a new year. It is also a safe way to ensure employee policies are not out of date. This practice is especially critical now as many employers have changed their employment structure and many states have amended their leave laws. Below are five practical tips to implement when reviewing and rewriting employee handbooks and policies:
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Posted in COVID-19
