top ten mistakes bank employers make 10 mistakes bank... · ©2015 lane powell pc 11 top ten...
TRANSCRIPT
11©2015 Lane Powell PC
Top Ten Mistakes
Bank Employers Make
(What Your Employment Lawyer Would Tell You
If You Would Just Return His Call)
Presented by: D. Michael Reilly
(206) 223-7051
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• Inadequate job description
• Ban the box
• Valid non-compete
• New city wage requirements
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• NLRB / SEC
• Case of Joanna Gamble
• KBR pays $130,000
*WHAT TO DO NOW*
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• KBR pays $130,000
• SEC Enforcement
*WHAT TO DO NOW*
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• EEOC – LGBT
• Interns
• Same sex couples
• Wage/Paid Sick Time/Leave Laws
• NLRB Compliance
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• BYOD growing
• BYOD policy adoption
• 24% of companies have policies
• BYOD Why? Why not?
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• 80% of employees presently use personal
technology for business purposes
• 50% of US employers projected to stop
providing devices to employees by 2017
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• Less Expensive
• Gives the Employee
Freedom to Choose
• Increases Productivity
and Responsiveness
• Increases Innovation
• NLRB Rulings
• Data on BYOD
Discoverable
• Employment Issues;
Issue Wage/Hour
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For the Employer
• Data is subject to preservation, collection and production requirements
• Ready access to data is more difficult on private device
• Discovery is expensive
For the Employee• Data on phone could be examined by counter-party to
the litigation
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• Develop separate user accounts with
separate logins
• Back up all work related data on personal
device to an employer-controlled space
• Create logical partitions between work and
personal content
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• Electronic Communication Privacy Act
• Stored Communications Act
• Computer Fraud and Abuse Act
• Fair Labor Standards Act
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• Inappropriate behavior through mobile device
• Discrimination
• GINA and ADA
• Overtime
• FMLA
• OSHA and Workers’ Comp
• NLRA Issues
• Expense Reimbursement
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• More than de minimis?
Best Practices
• Require employees to record time
• Train manners to preface communications
• Limit “off the clock” work – with policies
• Review leave policies
• Fees/expenses considered
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• State law requirements for reimbursement
of business expenses
• How to determine percentage of cost
related to business use vs. personal use
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• Distracted driving
• “Blackberry Thumb”
• “Text Neck”
• Brain injury from cell signals
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• No expectation of privacy
• Employee consent to monitoring
• Employee consent to remote wiping
• Instruction to employee to preserve data
• Prohibit sharing of device
• Must report if lost or stolen
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• No texting while driving
• Prohibit use of cloud-based storage of
company data
• Compliance with all other company policies
(i.e., harassment, discrimination, overtime,
confidentiality)
• Consequences
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• Eagle v. Morgan case
*WHAT TO DO NOW*
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• Misclassification
– Independent contractor
– Exempt
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• Travel to and from regular worksite at beginning and end of day - NO
• Travel to and from a special assignment worksite at beginning and end of day – YES(minus normal commute time under FSLA)
• Travel from one worksite to another worksite during the workday - YES
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• Paid sick/safe time – April 2016
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• Deductions from paycheck
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Now You’re Just Somebody That I Used to
Know…..
• Failing to review documentation
• Failing to investigate complaints
• Failing to investigate basis for termination
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• Failing to review chronology of issues
• Mishandling the termination meeting
• Mishandling final paycheck
• Giving appearance of inconsistent reasons
for termination
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