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Monday
Jan122015

ICYMI: Our Social Media Posts This Week -- Jan. 11 - 17, 2015

Below is a review of the posts (on FacebookLinkedIn, and Twitter) from the past week.  You can check out the full posts by clicking on the links.

The post on Sunday 1/11/15 was about a settlement by Amazon with the NLRB over a confidential wage policy. The issue was whether or not Amazon’s policy – which basically prohibited sharing of information among employees -- prohibited discussion of wages and working conditions, something that is guaranteed to even non-union employees under the National Labor Relations Act. The NLRB became involved when Amazon disciplined an employee for voicing concern over security in the parking lot, after which the employee filed a charge with the NLRB.

TAKEAWAY: Remember that certain provisions of the NLRA apply to all employees and violations will hurt the employer.

In the post on Monday 1/12/15 we talked about Speaking no Evil – 6 things managers should NOT talk about at work. Managers are usually pretty clear on the things they are supposed to tell those they supervise. They are less clear on what they should NOT talk about.  Some of the latter include race, color or ethnicity; sex or love interests; and religion. Three other things are in the post.

TAKEAWAY: Employers should make sure managers know what NOT to talk about to lessen potential liability for employers.

The post on Tuesday 1/13/15 was about the things to consider if buying a condominium or home in a planned community. The first thing to know is that both types of ownership are governed by a Declaration (of Covenants & Restrictions) (which must be filed in the land records) and Bylaws (which also are often filed). There might also be Rules or Regulations. Whether or not you agree with those documents, or how they might be amended in the future, you will be bound by them. Likewise, you may not agree with how the Association’s Board or Council spends monies generated by assessments or dues, but you will be bound by same (absent legal action). There are other things that also go along with owning a home in a community governed by an Association, so anyone considering this type of ownership should make sure to look (carefully) before they leap.

TAKEAWAY: Under PA law, you must be given certain documents prior to purchasing a home in a community governed by an Association. Make sure to review the documents yourself and, since they are legal documents, have them reviewed by an attorney so you will know both your rights and obligations.

In the post on Wednesday 1/14/15 we talked about how preaching from the boss can prompt a lawsuit, so don’t go there. Literally preaching – about one’s faith. Religion (or faith) has no place in the work environment (unless the employer is religion-centered), but people sometimes forget that and so want to share their beliefs that they go overboard. Unfortunately, this puts the employer at risk of liability for discrimination or harassment.

TAKEAWAY: An easy way to avoid the risk of charges or suit for religious discrimination is for all employees not to discuss their religion or faith in the workplace.

The post on Thursday 1/15/15 was a short VID about the myth of never falling in love with a scuba diver. The video shows amazing people and places and what scuba diving will bring to your relationship with the diver.

TAKEAWAY:  We all need a release from work. Perhaps it’s time for you to learn to dive and get that release?

On Friday 1/16/15, the post was about whether you can fire someone because of their boyfriend? The post talked about some things to take into consideration when thinking about this type of situation. I would suggest taking the recommendations (at the end of the post) in reverse order, with sending a cease & desist letter or contacting police first, especially if you want to preserve your work relationship with the employee.

TAKEAWAY: If you value an employee, look at the entire situation before just moving to discharge.

Finally, in the post yesterday 1/17/15 we talked about a simple primer on the ADA. We spent many posts last week, here, here, and here, talking about the ADA, but it invariably pops up in most workplaces in many ways, some that are unexpected. The post reminds us who is entitled to protection under the ADA, what types of things might be considered reasonable accommodations, and some circumstances under which the employer might not be required to provide an accommodation. These are just the basics.

TAKEAWAY: Every employer should know its rights and obligations under the ADA. Further, if it is not sure what it must do, it should consult with an experienced employment law attorney.

References (3)

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