Minnesota Labor & Employment Law Blog

SUBWAY Restaurants Pay Right!

Tiffany Schmidt — Fri, 10 May 2013 08:10:22 -0600

SUBWAY Restaurants “Eat Fresh!” slogan may need to be changed to “Pay Right.” This week the U.S. DOL - Wage and Hour Division announced it is partnering with the national SUBWAY headquarters for the purpose of increasing compliance with federal labor laws at SUBWAY franchises throughout the country. This is a voluntary action by SUBWAY headquarters, and is not tied to any claims. SUBWAY headquarters has indicated they are committed to assisting the Wage and Hour division in educating franchisees on wage and hour laws, and are taking a proactive approach to assist their goal:

(1) By placing a link to the Wage & Hour Division’s website on their intranet site for restaurant owners to use for reference purposes;
(2) By inviting Wage and Hour division staff to present at its annual meetings; and
(3) Publishing articles outlining federal minimum wage and overtime requirements under the Fair Labor Standards Act in its weekly electronic newsletters.

This is a good business practice by SUBWAY, because employers found in violation of the FLSA can be subject to claims for back wages, damages, and penalties. Other national franchisors should take a hint from SUBWAY, and contact the Wage and Hour Division to ask for assistance in training their franchisees on federal labor laws. Being proactive can save time and money in the long run.

Video Interview: What Employers Can Learn from Ann Curry's Departure from The Today Show

Marylee Abrams — Wed, 08 May 2013 11:51:04 -0600

Following up on my recent post on the issue of workplace blogging, I had the opportunity to speak with Colin O'Keefe of LXBN TV regarding Ann Curry's departure from The Today Show. In the interview, I explain the hostile environment she faced, whether or not it constituted workplace bullying, and what lessons employers can learn from the story.

Bullying in the Workplace: All Eyes on NBC

Marylee Abrams — Mon, 06 May 2013 13:46:21 -0600

The media storm continues about the bullying suffered by former NBC Today show host, Ann Curry, at the hands of fellow co-workers and producers of the morning television show. It sounds as if there was a conspiracy to oust her, or in the alternative, make work so miserable she chose to quit.

Ms. Curry described her treatment at NBC to the New York Times as a “form of professional torture.“ A three part plan was allegedly hatched by Today show producer Jerry Bell titled Operation Bambi. It included Step 1) persuade Matt Lauer to extend his expiring contract; Step 2) oust Curry; Step 3) replace her with Savannah Gutherie. Mr. Bell is also alleged to have commissioned a blooper reel of Curry’s on-air gaffes, boxes of her personal belongings ended up in a coat closet prior to her being terminated, and of course, there is the Big Bird dress picture. Apparently, Ms. Curry wore a bright yellow dress on-air, and the control booth photo-shopped a picture of Big Bird next to her and wrote, “Who wore it best?”

It is interesting I haven’t seen any news reports labeling the workplace behavior as sexual harassment, but it sounds a lot like that to me. As an employer side labor and employment attorney, the facts smell bad. There apparently were enough details for author, Brian Stetler to write the book Top of the Morning: Inside the Cutthroat World of Morning TV.

For years, my personal choice had been the Today show for a quick peek at the news and weather for the day. I loyally hung on through the Pauley-Norville debacle, Matt Lauer’s mean emails about Willard Scott, and I even remember the replacement of news anchor Frank Blair. Enough is enough. After years of loyally supporting the Today Show, I am now trying out GMA, and the Early Show for my morning weather and news. NBC and Today have some work to do to win back this former fan.

New Form I-9s Required Beginning May 7, 2013!

Tiffany Schmidt — Fri, 03 May 2013 12:41:07 -0600

On March 8, 2013, the Federal government issued a new Form I-9 to be used by employers. The purpose of a Form I-9 is to verify employment eligibility, and helps employers confirm an employee’s identity and employment authorization to work in the U.S. All employers must complete and retain Form I-9s for every employee hired on or after November 6, 1986, and a Form I-9 must be on file for every person on the employer’s payroll.

The Form I-9 has three sections. The first section has to be completed by the employee no later than the first day of paid work. The second section must be completed by the employer no later than the third business day after the employee begins work. Section three is only required when an employee is rehired, or their employment authorization requires re-verification.

Form I-9’s need to be retained even after an employee leaves employment. Employers need to keep Form I-9’s either one year after the date employment is terminated, or three years after the date the employee was hired, whichever date is later.

Employers need to start using the new Form I-9 for employees hired on or after May 7, 2013. It’s time to get the updated forms in place for your summer hires.

Telecommuting: Is There Room for Flexibility?

Marylee Abrams — Fri, 19 Apr 2013 14:14:08 -0600

Driving to the office today in the slush and snow brought to mind the recent media storm about telecommuting. Yahoo CEO Marissa Mayer defended her decision to bring all telecommuters back to the office as an effort to kickstart the floundering media giant. Best Buy had followed suit right after Yahoo, bringing their telecommuting employees back into the office fold. The thinking behind reversing the wave of telecommuting workplaces lies with the recognition there is a certain natural innovative synergy created by employees who work in the same location, which doesn’t develop via technology. Simply put there is a difference between connecting through technology, and really communicating with another human being.

Telecommuting sure looked good this morning and would have been a great option, had I not had a fully scheduled day and needed to start the day at the office. Too often cultural changes in the workplace swing like the proverbial pendulum. First one way, and then instead of a slight adjustment or modification, the pendulum swings 180 degrees in the opposite direction. This seems to be true of the telecommuting trend.

A little flexibility might be the right medicine here. Bad weather days would be good days for telecommuting at least in Minnesota. The option to telecommute on a day like today would help avoid the stress and delay of traffic jams, increase employee job satisfaction and morale, and provide some diversity in the work schedule. It might also just be an example of good old-fashioned common sense.

I appreciate Ms. Mayer’s take charge approach, and recognition of the corporate value of innovation resulting from human interaction, missing at Yahoo. No one complained when she gave every employee an IPad, or decided to make all the food in the Company cafeteria free. Not much was written about the other not so visible changes she must be making at Yahoo. Weighing the value to the employees against the value to the Company meant changes had to be made.

What Not To Ask An Employee To Do At Work!

Tiffany Schmidt — Wed, 17 Apr 2013 13:31:06 -0600

Last week, CareerBuilder.com released the results of a survey it conducted between February 11, – March 6, 2013 of 3,690 workers asking “What is the strangest thing your boss has asked you to do?” 23% of workers reported their bosses asked them to perform tasks outside of their usual job duties. Some of the unusual requests workers received from their bosses include:

1) Boss asked employee to be a surrogate mother for her (more than once);
2) Boss asked employee to buy a rifle for him, and he would reimburse the employee;
3) Boss asked employee if she knew of anyone who could “hook him up” with illegal substances;
4) Boss asked employee to go online and post false good comments about him;
5) Boss asked employee to come up with a science fair project for her daughter;
6) Boss asked employee to remove her stitches;
7) Boss asked employee to clip her dog’s nails.

My personal favorite was the boss who asked the employee to fire the boss’s brother. Common sense should prevail here, and these types of requests are clearly out of line in the workplace. The best resource for appropriate requests of employees’ is to look at professionally worded job descriptions.

Job descriptions don’t need to be all inclusive, but they do define a person’s work role and accountability. Does that mean an Employer can’t ask an employee to do something that isn’t listed on the job description; no of course not, but the requests the bosses made in the CareerBuilder.com survey were clearly over the line and outside of reasonable or standard job duties. A boss should not ask a worker to run personal errands or do things which are illegal. Take this opportunity to make sure your workplace job descriptions are current.

Happy April Fools' Day!

Tiffany Schmidt — Mon, 01 Apr 2013 08:52:21 -0600

Everyone needs a little humor in their life, and what better day to do something funny than today, the national day for practical jokers! According to a survey on CareerBuilder.com, 32% of workers have either initiated or been on the receiving end of an April Fools’ joke. The Internet is full of stories right now that are certain to be April Fools’ jokes. Google has announced that YouTube will be shutdown? Twitter has announced to use vowels on its service will cost $5 per month. I can’t imagine Google really cancelling YouTube, or Twitter charging for vowels like on Wheel of Fortune. These remind me of some past April Fools’ jokes, like when Taco Bell purchased the Liberty Bell, and Burger King came out with the left-handed Whopper.

Employers what kind of workplace do you have? Is it one that allows some practical jokes on a day like today, or is it solely work-focused? If you allow April Fools’ jokes, be sure your employees understand it is not a standard occurrence, but is done for fun, and should be in keeping with a good-spirited joke. Check out this article for work-appropriate April Fools’ jokes.

Guest Blogger Susan Minsberg: 5 Tips to Help Businesses Stay Out Of Legal Trouble

Marylee Abrams — Fri, 22 Mar 2013 09:42:28 -0600

I heard attorney Susan Minsberg speak to a group of business owners regarding how to stay out of legal trouble. I was so impressed by her common-sense suggestions, I asked her to be our first guest blogger. Susan is an experienced litigator in both business matters and family law. She has a unique perspective on preventing litigation as she has litigated and tried many cases. Susan is a passionate advocate for her clients, and I asked her to share some of her tips with you.

Susan Minsberg: Sometimes people are reluctant to get a lawyer when they enter into an agreement. Typically, they are worried about the cost or somehow blowing the deal. The truth is, this is the precise point when people are most vulnerable and need legal help. The old adage is true, “An ounce of prevention is worth a pound of cure.” So here are 5 tips.

Consult a lawyer before you sign a contract or any other legal document. Problems are very expensive to address and very difficult to fix after the fact.
Remember contracts don’t have to be in writing to be enforceable. Oral contracts are more difficult to prove, but they are equally valid.
Negotiate agreements with the assumption the terms will not be followed. For each term, think about the “what if”. People generally enter into agreements with the belief everything will work out. Unfortunately, that is not always the case.
Don’t use forms from the Internet (or anywhere else), and assume they are good and will work for you. Every situation is unique. Forms can come back to haunt you.
If you are sued, remember the following: You probably will not be able to recover your attorney’s fees. (There are limited exceptions, such as including a fee provision in your contract.) Also, never, ever ignore a lawsuit.

When businesses spend more time up-front thinking about potential problems, they are better equipped to prevent them. Unfortunately, our society has become so litigious you need to protect yourself and your business from lawsuits. Be prospective, not reactive. You will be glad you did!

March Madness Is Here, Are Your Employees Really Working?

Tiffany Schmidt — Wed, 20 Mar 2013 12:17:58 -0600

The annual NCAA March Madness tournament started this week. Are your employees being as productive as normal? According to an annual study conducted by Challenger, Gray & Christmas, Inc., a global outplacement company, it is estimated American companies will lose at least $134 million in wages over just the first two days of the spring tournament because an estimated 3 million employees are spending time following the basketball games instead of working. In another survey, MSN and Impulse Research found 66% of workers will follow March Madness during work hours. It is not just watching the games that cause loss of productivity, but it is that some employees will be coordinating office pools and spending time researching teams during the work day.

The NCAA is encouraging workers to watch the games during work hours by offering free streaming on all internet-connected devices for pay-TV subscribers. Even worse, the NCAA March Madness Live website has a “Boss Button” an employee can click on to disguise their computer screen so it looks like the employee is reading e-mails, if the boss comes by.

What can Employers do to prepare for the predicted decrease in employee productivity over the next few weeks? Look at the culture of your Company, and determine ahead of time how you want to address the March Madness tournament. Remind employees of Company policies regarding absenteeism and abuse of sick leave. Supervise the employees and confirm they are getting their work accomplished. If the work is getting done, then maybe it isn’t the end of the world if they check out the scores online. However, if you find employees spending more time following the basketball games, than working, it is important to counsel them, they are there to work, and are being paid for doing a good job. If they continue, then discipline might be necessary. What is important though, is the Company sends a clear message and treats all employees the same.

This year the University of Minnesota squeaked into the tournament. Even though I’m not a U of M alum, or a huge basketball fan, I will be rooting for the Gophers, and will likely check out how they are doing online at least once.

Who Owns A Work E-mail Address?

Tiffany Schmidt — Tue, 12 Mar 2013 10:25:01 -0600

Almost everyone has one these days; in fact some people have more than one. What you ask, an e-mail address, of course. Most businesses/employers provide employees with a work e-mail address as a matter of convenience to assist with getting work done. Maybe it is obvious to some employees who the owner of the business e-mail address is, but I guess not to everyone.

Yesterday, administrators at Harvard University issued an apology to 16 resident deans whose official e-mail accounts were secretly searched over the weekend in an attempt to identify the source of a leaked document relating to a student cheating scandal discovered on campus last year. The University was conducting an investigation to determine how a confidential document which was sent to the resident deans ended up in the hands of the college paper. Many faculty members at Harvard see the Administration’s actions as a breach of privacy. From an employer perspective, what Harvard Administration did was completely reasonable, and I don’t think Harvard Administrators needed to apologize for their actions.

When conducting an investigation, especially into a computer/technology issue you don’t want to give an employee the opportunity to delete or alter evidence, so the search should be done discreetly. Additionally, Harvard first invited the deans to come forward with information about what happened, and this yielded no insights into the matter. The next step was to have the IT department conduct a narrow, careful, and precise search of the subject field of e-mails to determine who forwarded the e-mail with the confidential document. Prior to proceeding with the search of the e-mails, Harvard administrators consulted with Dean Evelynn Hammonds and legal counsel, Robert Iuliano, both of whom approved the limited e-mail search. At the conclusion of its investigation, Harvard determined the release of the confidential document was inadvertent.

Employees need to be aware it is the Employer who owns work e-mail addresses, and therefore any e-mails generated from a work e-mail address. We advise our Employer clients to have a technology use policy which notifies employees they are not entitled to privacy on any e-mails or communications they send or receive on the Employer’s technology. I have blogged in the past about who is the “owner” of business social media accounts. Here Harvard University conducted a limited investigation into the professional e-mail accounts of a select group of employees. Harvard has no reason to apologize.

Non-Competes Under Fire at the Minnesota Legislature

Marylee Abrams — Thu, 07 Mar 2013 09:58:00 -0600

My good friend and fellow attorney, Susan Minsberg, just forwarded a legal alert about proposed legislation of interest to all business owners regarding non-compete agreements. Non-compete agreements are an important tool for many business owners. They limit employees from helping themselves to their employers’ trade-secrets, client lists, and confidential information.

A bill potentially impacting current and future non-compete agreements in Minnesota was introduced into Committee at the House of Representatives, which would change the way business owners view non-competes today.

House File No. 506 is short, but packs a punch. Instead of the present rule of reasonable restrictions on length of time and scope of a non-compete, the proposed legislation would likely void present non-competes, and limit them in the future to a “specified county, city, or part of one of them…”

Sponsors of the bill are Representative Joe Atkins, (DFL District 52 B) Chair of the House Commerce Committee, and Representative Alice Hausman, (DFL, District 66A) Chair of the Capital Investment Committee.

If you are a business owner, know a business owner, or one day hope to be a business owner, you should contact your Representative and weigh in on this important issue. Minnesota is not considered a business-friendly state in terms of regulation and taxation. Removing non-competes will do nothing to make Minnesota attractive to a business considering moving here.

Employee Reference Checks- What Can a Public Employer Safely Say to a Prospective Employer About a Current or Former Employee?

Marylee Abrams — Mon, 04 Mar 2013 06:00:00 -0600

I previously blogged about what private employers can say to a prospective employer, calling for a reference check on a current or former employee. The rules for public sector employers is a bit different then what is permitted by private, non-governmental employers. The Data Practices statute, Minn. Stat. 13.43, Subd. 2, provides a comprehensive list for public employers of personnel data which can be released in response to a reference check. As long as the information provided in a reference check is truthful, public employers are protected from defamation claims by current or former employees.

In addition, Minn. Stat 181.967, Subd. 4, permits public employers to disclose certain private data if the current or former employee gives written consent to the release of the private data. This includes:

Written employee evaluations conducted before the employee's separation from the employer, and the employee's written response, if any, contained in the employee's personnel record; and
Written reasons for separation from employment.

Managing reference checks by prospective employers about current or former public employees should be done carefully. Review the information requested, and the guidelines set out in state statutes. Consultation with your legal counsel is strongly recommended before responding.

Failure to Investigate Leads to Disaster

Marylee Abrams — Thu, 28 Feb 2013 13:18:32 -0600

This week I watched what can happen when penalties are imposed without a solid investigation or some serious fact-finding. The story of six Mound Westonka hockey players unfolded in the media, and to think it all could have been avoided with a little planning and some common sense.

On February 23, the press reported the suspension of six local high school players after a dance video taken in the school cafeteria was posted on YouTube. A group of students including the hockey players made a dance video of the “Harlem Shake” in the school cafeteria. Early reports suggested the performance was authorized, but the six hockey players were suspended hours before the big game, and cited by police for disorderly conduct. As a result of the suspension, the six players missed the section quarterfinal playoff game, and the team lost to Blake 6-4. Parents and players were steamed about the suspensions and the lost opportunity to possibly play in the state finals.

Just two days later, the media reported the suspensions had been reduced and the school was asking police to dismiss the disorderly conduct tickets. The students had reenacted the dance and captured it on video because the dance was part of a school project. It was determined school supervisors were on scene in the cafeteria when the video was made. Parents were outraged and asked for a public apology, and the dismissal of the school administrators who authorized the suspensions.

By the end of the week, School Superintendent Kevin Borg publicly apologized at an open school board meeting, the suspensions were dismissed, the disorderly tickets rescinded, and the school activities director placed on paid administrative leave pending an investigation. Parents questioned why an investigation had not been conducted before the suspensions issued, and the hockey players denied the ability to play in the big game. Parents cited a rush to judgment and the lack of due process afforded the players.

Knee-jerk reactions usually mean mistakes are likely and things end up wrong. It is always best to gather all of the facts before making a disciplinary decision of any kind, including the hockey rink or in the workplace. It also avoids the microscope of media attention.

FLSA Problems In The Food Service Industry

Tiffany Schmidt — Wed, 27 Feb 2013 13:48:19 -0600

This isn’t the first time I’ve blogged about the importance of making sure your employees are properly compensated under the Fair Labor Standards Act (FLSA), you can find those stories here, here, and here. Now, it seems that restaurants are on the Department of Labor's hot seat.

The Minneapolis District Office for the Wage and Hour Division of the Department of Labor has resolved an investigation involving the Wisconsin Meyer’s Family Restaurant. The Meyer’s Family Restaurant has agreed to pay over $116,000 in back wages to 38 employees. The company was cited for failing to record all hours worked by employees, failing to pay overtime compensation, paying cash for some hours of work and keeping no record of the hours worked or the cash payments made, and keeping no record of tips received.

The FLSA has established a federal minimum wage of $7.25/hour for all hours worked, plus time and one-half for hours worked beyond 40 hours per week. However, an employer of a tipped employee is only required to pay $2.13/hour in direct wages, provided the amount the employee receives in tips equals the federal minimum wage. If the employee’s tips combined with the employer’s direct wages do not equal the minimum wage of $7.25/hour, the employer is require to make up the difference.

On the east coast, 15 Boston-area restaurants and their owners have agreed to pay a total of $424,000 in back wages and liquidated damages to 409 employees, to resolve alleged violations of the FLSA. Most of the employees affected were paid by a separate company, Superbrite Professional Cleaning (later known as Excel Management). George Rioux, the district director for the Boston - Wage & Hour Division stated, “Utilizing contract labor providers does not absolve employers from their responsibility of complying with the FLSA and paying workers the wages they are legally due.” Generally, the use of contract labor through an employment agency does not generate a FLSA problem as long as the agency is properly compensating the contract labor.

If you are in the restaurant industry, make sure you keep complete and accurate records. Appropriate record keeping is crucial in order to establish employees are properly compensated. Additionally, any Employers out there who use contract labor should confirm the workers are being properly compensated, so you don’t get punished with liquidated damages.

Don't Ignore Problem Employees and Hope They Go Away

Tiffany Schmidt — Fri, 15 Feb 2013 14:21:16 -0600

Last week, I looked out my office window and noticed all kinds of icicles hanging off the roof. One was particularly large, and grew even larger this week with the melting and re-freezing common in Minnesota in February. I nicknamed it, “The icicle of death.” I decided it probably wasn’t a good thing to have hanging off the roof, so with the help of my law partner, Marylee, we removed the window screen and knocked down the 6 foot behemoth.

A problem employee can be a lot like that big icicle. He or she starts out causing small problems at work. The employer hopes it will get better and takes no steps to address the small problems. Eventually, the employee starts causing big problems that branch out and affect other employees at the business. When the employer decides they need to take some action, they may be limited because they have done nothing previously.

Employees should be put on notice when they are doing something inappropriate or against policy. If an employer turns a blind-eye to the small issues, eventually it grows to be a larger issue, requiring more time, expense, and trouble than if the problem was constructively addressed early.

“The icicle of death” would have eventually disappeared on its own in about 6 or 7 weeks with the coming of spring. In the mean time I have no idea what type of damage it could have caused to the roof and eaves. By dealing with the icicle now, I prevented future damage to my office suite. If businesses don’t address employee problems when they are small, damage is likely to result. Don’t ignore problem employees and hope they will disappear, address issues as they arise.

Happy 20th Birthday to the Family Medical Leave Act!

Tiffany Schmidt — Tue, 05 Feb 2013 12:04:09 -0600

Wow, it is hard to believe it has been 20 years since President Bill Clinton signed into law the Family Medical Leave Act (FMLA). Despite the passing of two decades, many employers still have difficulty understanding and implementing the FMLA. The Department of Labor’s Wage and Hour Division enforces the FMLA, and has a good website with lots of helpful information, including Facts Sheets and e-tools which can assist employers in better understanding this important law.

Today, at 2:30 p.m. (EST) the Department of Labor is hosting an event with President Clinton to mark this anniversary. You can watch live via a webcast. In addition, the Wage and Hour Division will be publishing a final rule today which will implement amendments to the FMLA to expand the military family leave provisions, and a special eligibility provision for airline flight crew employees.

If you have employees who have family members in the military, be sure to review this Final Rule carefully, because it may affect how you currently handle these leaves under the FMLA.

Having a Plan When Terminating an Employee Minimizes Risk

Marylee Abrams — Mon, 04 Feb 2013 15:29:33 -0600

September 27, 2012 Accent Signage terminated problem employee Andrew Engeldinger. He then went out to his car where he retrieved a gun, and proceeded to shoot and kill six 6 people at his workplace, and seriously wound another.

The family of slain Accent Signage employee Jacob Beneke filed suit in Hennepin County District Court on Friday, alleging the shooting was “…reasonably forseeable based on past incidents of employment misconduct and a known propensity for abuse and violence.” The suit alleges Accent Signage was grossly negligent, faulting the employer for not having security cameras or security personnel present during the termination meeting. I certainly think the Accent Signage case will be dismissed, as the facts simply seem too speculative.

The Company had previously cited Mr. Engeldinger for misconduct including offensive behavior, tardiness, and poor job performance. He was told management wanted to meet with him at the end of the work day. Following the meeting, Mr. Engeldinger retrieved the gun from his car.

Unfortunately, terminations are becoming more volatile. At my firm we have assisted a number of clients develop a strategic plan for the termination process. Depending on the facts and circumstances, elements of the termination plan include:

Consult with local police and advise them of the timing of the termination notice and the specific basis for concern;
Obtain a Harassment Restraining Order;
Consult with IT to anticipate technology and password issues;
Review Employee Handbooks or Policy and Procedure Manuals;
Consider timing options, i.e. when to deliver the news;
Develop a checklist to make sure all property, keys, etc. are returned;
Make arrangements for a courier service to return personal belongings to the employee; and
Conduct a threat assessment.

Safety of employees always comes first, followed by protection of business interests and assets. Developing a strategic plan can go a long way to minimize the potential risk possible in an employee termination. The present law suit should serve as a red flag to remind employers to review their termination strategies.

Employee Reference Checks- What Can a Private Employer Safely Say to a Prospective Employer About a Current or Former Employee?

Marylee Abrams — Fri, 01 Feb 2013 10:49:57 -0600

You receive a call from a prospective employer asking for information about an employee you just terminated. What do you do? What can you say without getting into trouble? Many private employers (non-governmental) limit their response to dates of employment, and last wage, followed by, “That’s all I am at liberty to say.”

Minnesota Statute 181.967, Subd 3., provides guidance, specifically listing what a private employer may safely say to a potential employer in response to a request for information. As long as the information is truthful, an employer is protected from a current or former employee filing a claim for defamation. Private employers may safely provide:

Dates of employment;
Compensation and wage history;
Job description and duties;
Training and education provided by the employer and;
Acts of violence, theft, harassment, or illegal conduct documented in the personnel record that resulted in disciplinary action or resignation, and the employee’s written response, if any, contained in the employee’s personnel record.
**Note: a disclosure made under clause (5) must be made in writing with a copy sent by U.S. mail to the current or former employee’s last known address.

Additional information from the personnel file may be provided if there is written authorization to do so by the current or former employee. This includes:

Written performance evaluations and the employee’s written responses, if any;
Written disciplinary warnings and discipline actions for five years before the written authorization, and the employee’s written response, if any;
Written reasons for separation from employment.
**Note: The private employer is required to provide the current or former employee a copy of any information disclosed by mailing a copy to the current or former employee.

If private employers stick to the list of information outlined in state statute, they can safely offer meaningful information as part of a reference check to a prospective employer. The trick is to not go beyond what is permitted, and to send copies to the current or former employee of any written materials.

Is Your Business Ready For A Fire?

Tiffany Schmidt — Thu, 31 Jan 2013 13:56:02 -0600

Earlier this week we had a visit by the Lake Johanna Fire Department Fire Inspector. He was doing a routine inspection to make sure there weren’t any obvious fire hazards in our office, and to confirm our contact information if there was a fire after normal office hours. It was discovered that since our last fire inspection, we had changed some of the locks on the office door, and hadn’t provided the fire department with a key to put in the firebox outside. That will be remedied by next week. After our visit from the fire inspector, it got me thinking about the horrible fire at the nightclub in Brazil, which killed more than 230 young college students. Reports have indicated the blaze was due to was pyrotechnics used by the band performing at the club. A fire extinguisher malfunctioned, which then allowed the fire to spread rapidly throughout the club. In addition, the nightclub had no smoke alarm, no sprinkler system, only one exit, and was over-capacity.

The United States has far stricter fire and safety codes than Brazil, but it never hurts to do a routine check of your business to ensure there are no fire hazards, and all equipment is functioning properly.

Start by contacting your local fire inspector and ask them to come and do a check of your business. Make sure the fire department has the correct contact information in their files, and the correct keys to get into your business if a fire occurs. It may save you the headache of having to replace a broken door, and will allow the fire department to get to the fire quicker. Also, check your data storage, and make sure you have back-ups in place off-site, either in the cloud or on a removable hard drive. If a fire occurs, you will be able to get your business back up and running as smoothly and quickly as possible.

Does Your Business Have a Social Media Policy?

Tiffany Schmidt — Thu, 24 Jan 2013 08:59:46 -0600

Social media, whether it is Facebook, Twitter, YouTube or other social websites has become the new water cooler for companies. People comment on what they watched on TV last night, they vent when something goes wrong, or they celebrate when things go well. Social media is a quick and fast way for people to get information out to their friends, family and others. Social media and social media policies have been addressed by the National Labor Relations Board in many cases. The National Labor Relations Board has recognized that workers have a right to discuss work conditions freely and without fear of retribution, whether the discussion takes place in the office or on Facebook or other social media sites.

The Board’s rulings apply to almost all private sector employers. The rulings have outlined for companies it is illegal to adopt broad social media policies, for example which ban all “disrespectful” comments or posts which criticize the employer. A company’s policies can not discourage workers from exercising their rights to communicate with one another about improving wages, benefits, or working conditions. The Board has allowed employers to take action against workers who vent online where the posts are not considered concerted activity and are not about working conditions.

If your business has a social media policy, now is a good time to review it and make sure it is not overly broad and won’t run afoul of the National Labor Relations Act and interpretation by the National Labor Relations Board. If one of your employees vents about your business online, review the posts and evaluate whether or not the posts are about working conditions, or could be considered protected concerted activity prior to taking any negative action against the employee.