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Employers, the NLRB Wants Some Control Over Your Company Email
By Joseph J. Lazzarotti, Esq. of Jackson Lewis P. C.
You've just finished your email, electronic communications, social media and/or BYOD policies for employees assuming, among other things, that you did not have to permit employees to use company-provided communication systems for nonwork-related purposes, such as to fulfill certain union-related purposes or other "protected concerted activities" under for Section 7 of the National Labor Relations Act. You might have been safe to assume that because since 2007, as our Labor Group reports, under the Register Guard decision, the National Labor Relations Board took the position that "employees have no statutory right to use the[ir] Employer's e-mail system for Section 7 purposes." The Board is considering changing that position, however, and is inviting input on whether to do so. You will have to act fast if you want to influence this decision, our Government Affairs Group points out, as the deadline for doing so is June 16, 2014.
4 Tips To Handle Employees Who Poorly Tips to Handle Employees Who Poorly Handle Workplace Stress
By Michael Mercer, Ph.D.
Paradox: Some people complain about feeling stress or pressure at work, while other people feel enthused to handle challenging job duties.
Yesterday, I met someone who said he quit his job, because his previous job was "too stressful." Rather than feeling sorry for him, I wondered why his previous employer was so stupid and careless to hire him!
You do not want to hire such stressed-out employees who love to complain, moan, and whine. So, here are ways you can avoid having high-stress employees on your payroll.
School District's Potential Liability for Bullying Not Limited to Its Own Students
By David S. Sheiffer, Esq. and Jonathan E. Meer, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP
In a case of first impression in New York, a state court has ruled that a school district can face potential liability under the state's anti-bullying laws, even where the bullying victim is not one of its own students.
The decision in J.G.S. v. Bellmore-Merrick Central High School District focused on New York's 2012 Dignity for All Students Act (DASA). Briefly, DASA requires a school district to adopt "policies intended to create a school environment that is free from discrimination or harassment." The school district's personnel are required to "lead or supervise the thorough investigation of all reports of harassment, bullying and discrimination." DASA also requires that a school district have in its curriculum for grades kindergarten through 12 "a component on civility, citizenship and character education." It also mandates a "minimum suspension period, for students who repeatedly are substantially disruptive of the educational process."
Disparate Excess Policies Do Not Provide Equal Contribution of Excess Coverage
By Michael R. Delhagen, Esq. and Jill A. Ellman, Esq. of Tressler LLP
In WCHCC (Bermuda) Ltd v. Granite State Ins. Co., 13-2438, the U.S. Court of Appeals for the Second Circuit affirmed a lower court ruling finding that "other insurance" clauses in two insurance policies were sufficiently dissimilar such that each of the two clauses did not "cancel" the other. Rather, the panel agreed with the lower court's finding that one policy would be primary and the other excess.
By Seth L. Laver, Esq, Michael P. Luongo, Esq. and David E. Leach, Esq. of Goldberg Segalla LLP
America's evolving perception of marijuana use is impacting the office setting. While the use of marijuana in the US is illegal under federal law, a state may pass laws permitting recreational or medical use so long as it maintains a proper regulatory system. Does this present a conflict amongst the courts and a headache for employers? You bet. Today, twenty-one states and DC permit the use of medical marijuana, and four more states have medical marijuana legislation pending. Given these developments and others on the horizon, employers must adapt to a workplace that may include recreational pot smokers.
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