BYOD at work is all the rage. What is BYOD, exactly? Well, it stands for “Bring Your Own Device” and, put simply, it means that an employee uses his own smartphone, tablet, or laptop for work as well as for his personal purposes. BYOD policies raise several concerns, including increased security risks and wage-and-hour issues for work performed at home. Another issue is one of particular interest to litigators like me-the question of how BYOD policies will affect e-discovery. In other words, will an employer be on the hook for the preservation of its employees’ personal devices if those devices are used for work and for personal purposes? Continue reading
Being beautiful ain’t all it’s cracked up to be. Or so it seems from the legal-news headlines.
First, there are the “Borgata Babes.” The female cocktail servers at Borgata Hotel and Casino in Atlantic City, known as Borgata Babes, challenged the legality of their employer’s policy prohibiting them from gaining more than 7% of their body weight after they were hired. The Babes lost the lawsuit, though, when a New Jersey judge granted Borgata’s motion for summary judgment. Continue reading
Employee resigns. But before her last day of work, Employee copies thousands of emails and documents from Employer’s computer. Off goes Employee into the sunset.
How often is this scenario? I bet most employers think this never happens in their workplace. I’d be willing to bet that it happens in almost every workplace. It happens with such regularity, yet most employers are absolutely stunned to discover that it’s happened to them. Continue reading
Delaware experienced a tragedy yesterday at the New Castle County courthouse. As reported by ABCNews.com, a man embroiled in a custody dispute entered the courthouse lobby this morning shortly after 8 a.m. and opened fire, fatally wounding two women and injuring two Capital Police officers. The shooter exchanged gunfire with the officers and died at the scene. Continue reading
Medical-marijuana laws have been passed in several states. Although Delaware passed a law permitting medicinal use of marijuana, implementation was blunted by potential prosecution by the federal government. And, last month, Colorado and Washington voters made recreational use of marijuana legal in those states. Both medical- and recreational-marijuana-use laws raise lots of questions for employers. Continue reading
Can an employee be fired for violating a social-media policy that doesn’t exist? This is a question that many employers have faced. And, if the NLRB continues to scare employers away from social-media policies, it’s a question that will continue to arise. Continue reading
Hurricane Sandy is heading right for Delaware; Gov. Markell announced a state of emergency earlier today. The hurricane is forecasted to be the second worst in recorded history. Our neighbors in Pennsylvania, New Jersey, and Maryland are facing similarly treacherous weather conditions in the coming days. In light of the anticipated power outages, it’s likely that things on the blog will be quiet for the next few days.
Until then, here are some of our previous posts on emergency preparedness for employers: Continue reading