Pautsch, Spognardi & Baiocchi Legal Group LLP
Monday Morning Minute
In This Issue
ANSWERS--STATE AND LOCAL LAWS-QUIZ
NLRB DECISION ON PHOTOGRAPHY AND RECORDING RULES
LET PSB CONSULTING HELP FOR YOUR HR NEEDS!
                  August 13, 2018
 
COMMON SENSE SOLUTIONS
FOR
YOUR CHANGING WORKPLACE
                      

www.psb-attorneys.com 

 

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ANSWERS--WAVE OF STATE AND LOCAL EMPLOYMENT LAWS GROWS- TEST YOUR KNOWLEDGE
In recent years there has been a marked trend involving states and localities(counties and municipalities) passing employment laws in areas beyond the traditional domain of anti-discrimination laws barring race, national origin, age, gender, and disability discrimination. This trend has accelerated during the Trump Administration as blue states and localities are going out on their own to support assorted workers' rights. HR and other executives with operations in multiple states must be alert to these laws ----new ones of which seem to pop up  every day. Here are the answers to last week's  a quiz designed to test your knowledge of these developments and also to demonstrate the breadth of such changes.
 
TRUE OR FALSE
 
1. Arizona has adopted a paid sick leave program that requires even small employers to provide paid sick leave to all employees based on the number of hours worked. 

TRUE.
 
2. New York State has adopted a paid sick leave program that requires  employers to provide paid sick leave to all employees based on the number of hours worked.

TRUE. 
 
3. Wisconsin has long had a provision of law that bars discrimination on the basis of criminal conviction record unless that conviction record is substantially related to the  employment in question.  

TRUE. 

4. Oregon just became the first state to adopt a law requiring employers to provide advance notice of work schedules and providing penalties when advance notice is not given.  

TRUE.

5. Chicago is also considering  adopting a law requiring advance notice of schedules.

TRUE.
 
6. It is against the law in Wisconsin to discriminate on the basis of sexual orientation. 

TRUE.
 

7. It is against the law in Illinois to discriminate on the basis of sexual orientation.
 

 

TRUE 
 
8. It is against the law in Alabama to discriminate on the basis of sexual orientation.

FALSE. Alabama has not adopted  a state law barring discrimination on this basis, and federal law has not yet barred such discrimination.
 

9. Illinois has adopted "ban the box" legislation which prohibits asking employees about their criminal record at any time during the interview process. 

 

FALSE, Illinois has adopted "ban the box" legislation, as have many states and localities, but such legislation requites only that conviction record inquiries not be made on written application-----but can be made during the interview process
 
10. New York State has adopted a law which bars employers from asking job applicants about their prior salary history.

TRUE. 
 
Keeping track of all of these changes is frankly, quite difficult and time-consuming for the busy HR executive. At PSB Legal Group and PSB Consulting we carefully track these developments as they occur. As a result please feel free to call any PSB attorney with any questions you may have on these developments, or to schedule an audit to see if you are in compliance with these and the other federal and state legal requirements.  
MAGA:  TRUMP NLRB ALLOWS NO-PHOTOGRAPHY/NO RECORDING RULES
The Trump NLRB is moving quickly to restore balance in the workplace and allow employers to implement and enforce common sense workplace rules.  As we recently reported, in The Boeing Company (2017), the NLRB overruled Obama Labor Board precedent and established a standard that balances the employee's ability to exercise Section 7 rights with the employer's right to maintain discipline and productivity in the workplace.  The Trump Labor Board also focuses on whether the rule "would" be interpreted as interfering with protected, concerted activity, as opposed to "could" be interpreted as doing so. 
 
As a result, and employer may now implement no-photography rules that read "Use of (camera-enabled) devices to capture images or video in prohibited."  The General Counsel of the Board has now clarified to its prosecutorial attorneys what "no-recording" rules are allowed.  For example, "employees may not "record conversations, phone calls, images or company meetings with any recording device" without prior approval" is deemed lawful.
 
As a result, charges alleging the above no-photography/no-recording rules are unlawful on their face should be dismissed, absent withdrawal.  The General Counsel has cautioned that in workplaces where the main method of communication between employees in by cell phones, a ban of the mere possession (rather than use) of cell phones at work may be unlawful.
 
Different rules required different legal analysis, which is often complex, and nuanced.  To be safe, an employer needs to have the organization's proposed rules reviewed for legality, before implementation.   Rules of concern include the following:  civility; insubordination; disruptive behavior; protection of confidential, proprietary, customer information, and documents; defamation and misrepresentation; use of employer logos and intellectual property; disloyalty, nepotism, and self-enrichment, and many others.   Call any PSB Legal attorney if you would like assistance in this area. 
PSB CONSULTING IS HERE TO HELP! 
Small projects?  Big projects? Transitional needs while you hire your next your Human Resources person?  Or perhaps you are a smaller company that needs only a part time dedicated person to assist you in HR!  
 
Contact PSB Consulting to see how we can help.   We work on a project basis or as an extension of your team.
 
For more information:
 
 
or contact Lisa at lisa@psb-consulting.com

PAUTSCH, SPOGNARDI & BAIOCCHI LEGAL GROUP is a law firm dedicated to finding common sense, affordable solutions for businesses to labor, employment, human resource and general business needs. With over 75 combined years of experience among its 3 founding partners in these areas, we can assist businesses in developing custom solutions to today's tough issues.  And as litigators, who combined have over thousands of trials  "under their belts" before state and federal courts as well as administrative agencies (such as the NLRB) you will find no better advocate and partner. 

 

For more information on the firm, please go to our website at www.psb-attorneys.com or Lisa at lab@psb-attorneys.com