Labor and Employment

Newark joins New York, Seattle, and San Francisco in passing mandatory paid sick leave laws, which went into effect May 29. The law allows workers to use up to 40 hours a year in paid sick time, for part-time as well as full-time employees, and does not allow employers to inquire into the nature of the medical issue.

The Supreme Court’s ruling that police officers conducting a warrantless search of cell phones are violating the Fourth Amendment should put employers on notice, Littler attorney Philip Gordon writes. Private employers must treat smartphones differently from other personal property when conducting a workplace search.

Tips to creating a successful BYOD policy that addresses the challenges and risks of employee-owned devices in the workplace, including data privacy issues and potential liability.

A Florida court recently let a claim proceed under the Americans with Disabilities Act, even though the employee had been terminated for a positive drug test, largely because the employee’s version of the facts simply raised too many red flags.

The issue that schools have struggled with most this year is the failure to document employee-performance challenges, Suzanne Bogdan with Fisher & Phillips LLP says, which leads to a higher risk in making nonrenewal or separation decisions for employees with substandard performance or poor behavior. Steps schools should take in preparation for the next school year.