Over the past couple of years, we have seen hundreds of articles extolling the virtues and benefits of "social media" for every kind of business. We're told that Facebook, YouTube, LinkedIn, Twitter and other electronic resources will help our businesses reach more potential customers, improve the public's impression of the business, bond existing customers to the company, and improve overall customer satisfaction.
Unfortunately, little has been written to alert managers to the legal issues they may face in dealing with their employees' social media posts, particularly when the post involves provocative or insulting material related to the job, the managers or their employer.
PEO’s (Professional Employer Organizations) comprise a nearly $10 billion industry in the United States. These companies provide valuable services to clients who want to leverage a 3rdparty employer to handle the statutory employer responsibilities as a co-employer of their workers.
Sometimes disasters strike without warning, such as earthquakes, including the one millions of Americans felt today on the East Coast. Other times, we have a few days to prepare, like we have right now with Hurricane Irene approaching the Carolinas. In the case of any natural or man-made disaster, small business owners should have a disaster preparedness plan in place and ready to go.
Woody Allen once said, "80 percent of success is showing up." So true, so true!
The U.S. Court of Appeals for the Ninth Circuit* came out recently with a great decision on when "showing up" -- also known as "attendance" -- is an essential function of the job, and when an employer can terminate an employee for poor attendance even if the absences are caused by a "disability" within the meaning of the Americans with Disabilities Act.
The Immigration and Customs Enforcement division (ICE) of the Department of Homeland Security (DHS) is responsible for curtailing the hiring of undocumented aliens. In the past few years, the agency has focused on "silent raids" targeting employers who employ these individuals.