Communications & Employee Updates
Why Mediation Is A Preferred Method Of Resolving Disputes
By D. Albert Brannen
Mediation is a helpful process for resolving many types of disputes. With its increased use over the past few decades, mediation has proven to be especially beneficial in resolving emotionally-charged disputes in employment and domestic matters. Let’s take a closer look at what it is, and why it works. Read full labor article from Fisher & Phillips »
California Court: Emails Sent To Plaintiff’s Attorney On Employer’s Computer Are Fair Game
A California appellate court recently decided that an employee’s email messages to an attorney about suing her employer could be used against her at trial. The messages were not protected by the attorney-client privilege, because the employee knowingly sent the messages from her work email account. This unusual legal result was made possible because the employer had a written policy that clearly stated messages sent on the employer’s electronic communications system were not private. Holmes v. Petrovich Development Company, LLC. Read full alert from Fisher & Phillip
NLRB Poised To Rule On Facebook Case
By John M. Polson
On October 27, the National Labor Relations Board’s General Counsel (GC) made national headlines with the issuance of an unfair labor practice complaint against American Medical Response Of Connecticut (AMR) accusing the company of unlawfully discharging an employee for posting critical remarks about her supervisor on her personal Facebook page. The GC’s complaint also alleged that AMR maintained unlawful employment policies regulating employee blogging and Internet postings, prohibiting employee conduct of a “generally offensive nature” and on-premises employee solicitation and distribution. Read full labor letter article from Fisher & Phillips
The Start Of Something Big?
By John E. Thompson
A police officer has sued the City of Chicago (on behalf of himself and others) seeking pay for time spent dealing with work-related phone calls, voice-mails, e-mails, text messages, and work orders via BlackBerry® devices and similar “personal digital assistants.” The officer contends that these activities entitle the group to an award of overtime compensation under the federal Fair Labor Standards Act (FLSA). Read full labor letter article from Fisher & Phillips