NLRB offers rare win for employer confidentiality policy

It’s been a rough few years for workplace policies at the NLRB. From communication policies, to social media policies, to conduct policies, to confidentiality policies, the NLRB has, time and again, struck down facially neutral, garden variety employer policies as overly restrictive of employees’ section 7 rights to engage in protected concerted activity under the National Labor Relations Act.

Employer wins on this issue have been few and far between. As a result, when we get a win, it’s reason to celebrate. Well, employers, pop those champagne corks, because earlier this week, in Macy’s, Inc. [pdf], we received just such a win.

The 15th nominee for the “worst employer of 2017” is … the one-day leave denier

According to a lawsuit the EEOC recently filed against Macy’s, Inc., the retailer allegedly violated the ADA by firing an employee instead of granting her a one-day absence for a medical emergency.

A deep dive on social media, employee privacy, and the workplace

When history closes its book on 21st century America, Charlottesville may go down as one of its most significant chapters. If justice has any place in our world, it will prove to be a turning point on race relations in our nation. Or at least that is my hope. In the wake of this tragedy, journalists have spilled, and will continue to spill, a lot of ink.

One of the favorite articles I read in the past week was, Can an employee be fired for activities outside the workplace?, by Kathryn Moody at HRDive.com (and not just because the article is an interview with me; thanks to Kathryn for the interview). 

WIRTW #472 (the “back to school” edition)

Happy back to school @lakeridgeacademy for Norah (6th) and Donovan (3rd).

A post shared by Jon Hyman (@jonhyman) on Aug 16, 2017 at 8:26am PDT

Here’s what I read this week:

The meaning of life (in eight words)

A few months back, while riding in the car (we do a lot of riding in the car, mostly to and from music lessons, rehearsals, and gigs), I fielded a question from the back seat. I don’t recall the context of the conversation, or the genesis of the question that followed.

Norah asked, “What’s the meaning of life?”

Pretty deep for a then 10-year-old.

I paused, thought for a second (or three), and answered.

How much wasted work-time is too much?

According to a recent survey conducted by OfficeTeam, on average, employees spend 8 hours per workweek on non-work activities.

What does this non-work time look like?

Does a LinkedIn request violate a non-solicitation agreement?

In Bankers Life and Casualty Company v. American Senior Benefits (Ill. Ct. App. 8/7/17), Bankers Life sued a former sales manager, Gregory Gelineau, for violating the following non-solicitation agreement after he jumped ship to American Senior Benefits, a competitor:

During the term of this Contract and for 24 months thereafter, within the territory regularly serviced by the Manager’s branch sales office, the Manager shall not, personally or through the efforts of others, induce or attempt to induce: 

(a) any agent, branch sales manager, field vice president, employee, consultant, or other similar representative of the Company to curtail, resign, or sever a relationship with the company; [or]

(b) any agent, branch sales manager, field vice president or employee of the Company to contract with or sell insurance business with any company not affiliated with the company.