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Managing the Modern Workplace
V&E International Labor & Employment Resources

HR Checklist for the New Year

As labor lawyers, we tend to think of our professional years as starting and ending on Labor Day. In order to celebrate the new Labor year, I intended to send this post early last week, but a storm called Harvey got in the way. So in belated celebration of the new Labor year, I now provide to you a checklist for the coming year as our New Year gift.

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Is My Employee Recording Me?

It is not unusual for supervisors today to wonder whether they are being recorded by employees during meetings when performance issues or discipline are being discussed. “Can they do that?” I am often asked. Interestingly, while an employee may not have a legal right to demand that a disciplinary meeting be recorded, in most states, it is not illegal for an employee to surreptitiously record their supervisor or manager during meetings where performance issues or discipline are being discussed. And, in fact, employment lawyers are increasingly seeing recordings used as evidence in employment lawsuits.

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  • 05
  • August
  • 2016

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The Equal Employment Opportunity Commission Has Come Around to Employer-Sponsored Wellness Plans – Sort of

The Obama Administration has touted the use of wellness programs through the Affordable Care Act (Obamacare) and regulations under the Health Insurance Portability and Accountability Act (“HIPAA”). But until recently, the Equal Employment Opportunity Commission (“EEOC”) seemed at odds with this policy goal, even bringing lawsuits against employers for health plans that the EEOC saw as “involuntary” because of incentives that those employers provided to employees participating in the programs, which the EEOC characterized as penalties against non-participating employees. In May 2016, the EEOC adopted a more conciliatory stance, when it published its final regulations on wellness programs sponsored by employers. The new regulations finally offered some clarity on what the EEOC sees as “voluntary” and “involuntary,” and provide some bright-line rules in place of the ambiguity reflected in the EEOC’s prior enforcement actions under the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). Unfortunately, the rules still limit the benefit for both employers and employees that the HIPAA and Obamacare regulations intended to provide.

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Social Media Spotlight: Current Employees

There are a number of reasons why employers should not look at the social media postings of their employees - it violates privacy and rights protected under the National Labor Relations Act (NLRA), and can potentially create liability for the employer. There may be situations, however, when reviewing an employee's social media page is necessary. Chris Bacon talks through these situations and how an employer might consider conducting this type of investigation. 

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner