Human Resources Policies

My employee deleted all of her work emails and quit. Can I sue her for that?

May 13, 2014 | by Eric B. Meyer

Well, sure, you can.

But winning that case — especially if you’re thinking about a claim under the Computer Fraud and Abuse Act — may be another story.

The CFAA is designed to prevent unauthorized access or malicious interference with a computer system. Often used as an employer-sword, to state a claim for a violation of the CFAA, a company must prove that an employee actually caused damage to its computer system or data. The CFAA defines “damage” as “any impairment to the integrity or availability of data, a program, a system, or information.”

Employment Law Blog Carnival – Pick Your Holiday Edition

April 17, 2014 | by Eric B. Meyer

The third week of April ushers in several holidays: Passover, Good Friday, Easter.

But no matter what your religion or god — even a sacrilicious ceiling waffle — we can all agree that the Employment Law Blog Carnival, which you can find this month at Tim Eavenson’s blog: Current Employment, is the workplace glory.

This month, Tim has more posts about HR-compliance than you can count on your ten fingers. So raise your hands up to the sky and shout Hosanna! The power of the #ELBC compels you!

ACA Update: Why Your Company Should Be Tracking Employees’ Hours Now

April 8, 2014 | by Eric B. Meyer

My Dilworth Paxson colleagues, Matthew Whitehorn and Richard Smolen, recently published an important alert about how keeping good employee records now can help protect your business from future “play or pay” penalties under the Affordable Care Act (Obamacare).

You can view a copy of it here.

Tomorrow, I plan to be less lazy and actually have a post of my own.

New Philadelphia law requires accommodations for pregnant employees

February 10, 2014 | by Eric B. Meyer

Late last month, Philadelphia Mayor Michael Nutter signed this bill, which requires reasonable workplace accommodations for employees who have needs related to pregnancy, childbirth, or a related medical condition.

As noted in this prior post about Philadelphia’s new law, reasonable accommodations would include, but are not limited to, restroom breaks, periodic rest for those who stand for long periods of time, assistance with manual labor, leave for a period of disability arising from childbirth, reassignment to a vacant position, and job restructuring.

An employer can avoid having to provide a workplace accommodation, but will have the burden of proving “undue hardship.” The “undue hardship” factors generally mirror those found in the Americans with Disabilities Act and revolve around the cost of the accommodation and the employer’s overall financial resources.

GUEST POST: Flexible Work Location for FLSA-Exempt Employees

January 8, 2014 | by Eric B. Meyer

Today, we have a guest blogger at The Employer Handbook. It’s Johanna Harris. Johanna has been a trial attorney with the U.S. Department of Labor and in-house labor counsel for two multinational corporations. She is currently the CEO of Hire Fire and Retire LLC. Her new book, USE PROTECTION: An Employee’s Guide to Advancement in the Workplace, is a basic primer on HR law and personnel policies.

Flexible work arrangements take many forms. Arranging flexible hours and schedules can be fairly straightforward and is often dictated by business needs. Flexibility of work location, however, is more difficult to manage. After the jump, this guest post addresses the issues raised by allowing employees to work at locations other than their assigned offices.

(Want to guest blog on an employment-law topic at The Employer Handbook? Email me).

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GUEST POST: Hidden Substance Use at Work

December 12, 2013 | by Eric B. Meyer

Today, we have a guest blogger at The Employer Handbook. It’s Melissa Kluska. Melissa currently writes for St. Jude Retreats, a non 12 step alternative to traditional alcohol and drug rehab. As well as writing for St. Jude’s, Melissa enjoys blogging about health and relationships.

(Want to guest blog on an employment-law topic at The Employer Handbook? Email me).

New bill in PA House would erase many local paid-sick-leave laws

November 14, 2013 | by Eric B. Meyer

Earlier this year, the City of Philadelphia got this close to passing a bill requiring local employers to provide paid sick leave to employee.

PA Rep. Seth Grove (York County-R), wants to make sure there are no such close calls in the future.

Late last month, Rep. Grove introduced this bill in the PA House of Representatives, geared towards “providing statewide uniformity regarding vacation and other forms of leave mandated by political subdivisions.”

“Drug-Free Workplace Policy Builder” from the Department of Labor

November 13, 2013 | by Eric B. Meyer

Thumbnail image for DOLlogo.png Ordinarily, I’m reluctant to recommend online modules that help HR professionals create workplace policies.

Like the one I used to create a Borat Workplace Dress Code. Maybe it was the alcohol talking, but I was certain that the one-piece, over-the-shoulder, male swimsuits wouldn’t create a donning and doffing FLSA issue.

Hey, this post got weird quick. Didn’t it?

That’s what they said: Facebook “Like” under the First Amendment, same-sex marriage benefits, plus a carnival

September 19, 2013 | by Eric B. Meyer

Now, where did I put the mustard for my deep fried Red Bull battered Twinkie dog? (Like I would ever use ketchup for that?!?)

While I search for the spicy brown, after the jump, I’ll get you caught up on the latest employment-law news…

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Survey underscores gap in employer/employee BYOD privacy expectations

July 26, 2013 | by Eric B. Meyer

Thumbnail image for cartoonphone According to a recent survey from MobileIron, more than 4 in 5 employees in the US, UK, and Germany use their personal mobile phone or tablet for work. However, only 30% trust that their employer won’t go snooping into personal information on that device. But nearly the same percentage, 28%, take comfort in their belief that their employer can’t view corporate email sent and received on their personal device.

[In unrelated news, 28% of your workforce is dumber than these two.]

Ultimately, MobileIron concluded that employees consistently underestimate the visibility their employers have into company data, and consistently overestimate the visibility their employers have into personal data.