News & Analysis as of

Off-Duty Employees

Proskauer - Law and the Workplace

It’s Election Time: Time Off to Vote, Political Activities, and Political Speech in the Workplace

With Election Day quickly approaching, it is the right time for employers to refresh themselves on the various protections that may exist for their employees when it comes to voting and other political activities. Below is...more

Troutman Pepper

Managing Political Discourse at Work With Lessons From Mad Men - Hiring to Firing Podcast

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In part two of the three-part Hiring to Firing series, host Tracey Diamond and new co-host Emily Schifter dive into the complexities of managing employees’ political beliefs and discourse in the workplace, just in time for...more

Farella Braun + Martel LLP

The Ninth Circuit Clarifies Employers’ Obligations When Addressing Social Media Posts Affecting Workplace

A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees’ off-premises social media activity. In Okonowsky v. Garland, the Ninth Circuit...more

Spilman Thomas & Battle, PLLC

Online, Off-Duty Harassment is Still Unlawful Harassment

Once an employer knows or has reason to know about alleged harassment, it has an obligation to promptly remedy the hostile work environment, even if the offensive conduct occurred wholly offsite, online, or off-duty. This...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 3, September 2024

Welcome to the fall issue of SuperVision, our labor and employment e-newsletter. In this edition, we cover the current status of the FTC’s attempts to ban noncompetes, OSHA’s proposed heat standard, how to handle political...more

Littler

Politics in a California Workplace

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California law provides robust protections for employees’ political activity, including anti-discrimination laws, off-duty conduct laws, employee voting leave laws, statewide election notice requirements, and laws allowing...more

Dorsey & Whitney LLP

Yes, you can be liable for your employee’s online posts!

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You might think what happens outside the workplace stays outside the workplace, but as the Ninth Circuit recently ruled, you can be sued by one employee for what another employee posts online....more

Venable LLP

Ninth Circuit to Employers: What Your Employees Say on Social Media May Haunt You

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Picture this: You're packing up your office, getting ready to head home for the evening, when your human resources manager peaks her head in. She explains that she has just fielded a complaint from a female employee: a male...more

Jackson Lewis P.C.

Political Speech in the Workplace: How Employers Can Manage Legal Risks in 6 Steps

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The national and global hyperpolitical atmosphere inevitably touches the workplace, where employers and employees must remain productive while navigating the intersection of political expression, workplace culture and...more

Mintz - Employment Viewpoints

Caveat Employer: An Employee’s Off-Duty Social Media Posts Can Constitute Workplace Harassment

As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many.  After a recent Ninth Circuit ruling, employers must be more vigilant than ever in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Political Speech in the Workplace: Strategic Considerations for Employers

Political speech in the workplace has become a growing concern for employers in recent years. The polarized political climate, combined with the increasing use of social media and digital communication, has amplified the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

UK Labour Government Proposes the Right to ‘Switch Off’

The United Kingdom continues to see rapid growth in the number of workplaces adopting remote and hybrid work arrangements, particularly in the wake of the COVID-19 pandemic. Although this new type of work offers many...more

King & Spalding

The Right to Disconnect: A Comparative Analysis

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The line between ‘work’ and ‘home’ has historically been clear for most employees – separated by a distinct office building, worksite, or retail space. Technology has blurred this line in the past few decades and, for some...more

Proskauer - Labor Relations Update

When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected...

On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside...more

FordHarrison

Are U.S. Employers Ready for a Right to Disconnect Law?

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Real World Impact: U.S. employers should be aware of the global trend of “right to disconnect” laws and should review their policies on after-hours communications to stay ahead of social and legal changes....more

Littler

Dear Littler: Can we prevent an employee from maintaining an adult website?

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Dear Littler: I manage a growing family medical practice out West. It has come to our attention that one of our staff members maintains an adult-themed website. We learned about this when another staff member complained about...more

Cozen O'Connor

#NoFilter: Outside-of-Work Social Media Posts Can Create a Hostile Work Environment

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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...more

Constangy, Brooks, Smith & Prophete, LLP

Five lessons plus four in social media and workplace harassment

The following may be a true story. The events depicted allegedly took place in Lompoc, California, in 2020. Out of deference to the judges involved, their names have not been used. Out of respect for the victim, her story...more

Jackson Lewis P.C.

Impact of Ohio Legal Recreational Marijuana on Employers: All Smoke and No Fire?

Jackson Lewis P.C. on

In November 2023, Ohio passed a recreational marijuana law. Sales of recreational marijuana began on August 6 in the Buckeye State, and employers can expect an uptick in employee use. Employers’ rights with respect to...more

Farella Braun + Martel LLP

The Ninth Circuit Reminds Employers of Obligations When Addressing Social Media Posts Affecting Workplace

A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more

Jackson Lewis P.C.

Will Construction Employees Enjoy the ‘Right to Disconnect’?

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Cell phone communications, emails, and texts have been around for decades. According to JB Knowledge’s 2020 Construction Technology Report, 93 percent of construction industry workers use smartphones for work purposes....more

Parker Poe Adams & Bernstein LLP

Lawful Products Statutes Complicate Employers' Response to Employees' Claims of CBD Use

Over the past year, we have encountered a growing number of claims raised by applicants and employees who allege that positive drug test results for marijuana were actually the result of their use of legal hemp products...more

Manatt, Phelps & Phillips, LLP

California Considers “Right to Disconnect”

Taking a page from countries across the Atlantic, the California legislature is considering a bill that would give employees the “right to disconnect.” ...more

Fox Rothschild LLP

How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class Action

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It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a warning to employers, not only those who operate call...more

Akerman LLP - HR Defense

California’s New Drug Testing Rules Protect Employees’ Off-Duty Cannabis Use

With expanding legalization and commercialization—including several state initiatives in 2024 and perhaps even federal legislation—the chances are good that your California business has at least a few employees who consume...more

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