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Recent Posts
4 Months of Pregnancy Disability Leave Just Isn't Enough
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05-24-2013
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Jennifer Carsen, Esq.
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Keeping Drugs and Alcohol Out of Your Workplace: CER Announces an Important Webinar
Posted
05-23-2013
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Jennifer Carsen, Esq.
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Are You the 'Employer of Choice' for Drug and Alcohol Abusers?
Posted
05-22-2013
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Jennifer Carsen, Esq.
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How does a vacation policy differ from a PTO policy?
Posted
05-21-2013
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Jennifer Carsen, Esq.
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Social Media Badmouthing, Ownership, Privacy
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05-21-2013
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Jennifer Carsen, Esq.
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Recent Posts
Blog Post:
Keeping Drugs and Alcohol Out of Your Workplace: CER Announces an Important Webinar
Jennifer Carsen, Esq.
Most drug and alcohol abusers seek work—and some may be filling out applications in your lobby right now. What are the legal, workable, and effective ways to keep them out? As we reported in yesterday's CED , most abusers of drugs and alcohol are in the workplace, but they aren't doing...
on
23 May 2013
Blog Post:
Are You the 'Employer of Choice' for Drug and Alcohol Abusers?
Jennifer Carsen, Esq.
A recent study shows that most illicit drug users and heavy alcohol users are employed. That means they’re possibly working for you. If you are not testing, you're likely an "employer of choice" for all the wrong reasons. Ah, the joys of drug testing. Nothing quite like trying to...
on
22 May 2013
Blog Post:
Social media background checks? 'I'm Not a Fan'
Jennifer Carsen, Esq.
“Social media background checks are a hot item,” says attorney Kevin McCormick, “but I’m not a fan.” Sneaky, Low, Invasive Furthermore, social sleuthing smacks of “sneaky,” “low,” and “invasion,” says McCormick. “One thing I know...
on
26 Apr 2013
Blog Post:
Employee monitoring policies in California: Special considerations required
Jennifer Carsen, Esq.
When crafting your employee monitoring policy, what are the legal limits for just how far you can go? Are California employers subject to increased restrictions since the California constitution has greater privacy protections? Unsurprisingly, the answer is yes. And in addition to that, a new law just...
on
28 Jan 2013
Blog Post:
Social media policy best practices: Electronic monitoring
Jennifer Carsen, Esq.
How do you craft a social media policy and internet use policy that helps to maintain your business image and reputation, your right to duty of loyalty, and your right to privacy without infringing upon your employees’ rights to privacy and freedom of expression? How specific do you need to be...
on
4 Sep 2012
Blog Post:
Can You Access Employees’ Personal Devices at Work?
Jennifer Carsen, Esq.
Is a BYOD (Bring Your Own Device) policy a good idea for your company? The only way to guarantee your right to access all information in a device is to own the device, says attorney Taylor S. Chapman of DiMuroGinsberg. However, the Court didn’t address a company’s right to access information...
on
25 May 2012
Blog Post:
Background Checks for Employment and Personally Identifiable Information
Jennifer Carsen, Esq.
California has a unique set of rules for background checks for employment that go beyond the other 49 states and the federal Fair Credit Reporting Act (FCRA). If you’re an employer in California, it’s important to follow the rules to the letter, since applicants can sue for up to $10,000...
on
24 Apr 2012
Blog Post:
A Social Media Policy That’s Effective and Legal
Jennifer Carsen, Esq.
Yesterday’s CED summarized some of the legal risks involved in disciplining over social media use. Today, again courtesy of national employment law firm Jackson Lewis, LLP, we'll tackle the tricky issue of social media policies, and we'll take a look at a one-stop resource for all of your...
on
21 Feb 2012
Blog Post:
Legal Dangers of Disciplining Over Social Media
Jennifer Carsen, Esq.
Nearly every company is struggling with how to best handle social media use at, and relating to, the workplace. A recent white paper from national employment law firm Jackson Lewis, LLP points out some of the legal dangers in confronting employees over their use of social media. When might you want to...
on
20 Feb 2012
Blog Post:
Compliance with Employee Privacy Laws: How To Create an E-Monitoring Policy
Jennifer Carsen, Esq.
Employers wanting to be in compliance with employee privacy laws should ensure that employees understand that e-monitoring policies affect the employee's reasonable expectation of privacy. In other words, if employees are told that their electronic communications will be monitored, then they cannot...
on
11 Jan 2012
Blog Post:
Five Ways To Catch the Eye of a Plaintiffs’ Attorney
Jennifer Carsen, Esq.
It's not that hard to avoid the actions that tempt me and my fellow plaintiffs' attorneys, says attorney Whitney Warner. In today's CED , she shares five things employers do that "make her day." Warner (who’s an SPHR in addition to being a lawyer) is the founding partner of...
on
6 Jan 2012
Blog Post:
What Are the Employee Privacy Laws in California?
Jennifer Carsen, Esq.
In a CER webinar titled "HR's Monitoring Rules and Rights In California: Master E-mail, IMs, Blogs, and Social Networking," Marc Jacuzzi outlined what is included in e-monitoring and explained the employee privacy laws at the federal and state level for California. Here are some basics...
on
4 Jan 2012
Blog Post:
5 Ways To Catch the Eye of a Plaintiffs’ Attorney
Jennifer Carsen, Esq.
It's not that hard to avoid the actions that tempt me and my fellow plaintiffs' attorneys, says attorney Whitney Warner. In today's CED, she shares five things employers do that "make her day." Warner (who’s an SPHR in addition to being a lawyer) is the founding partner of...
on
9 Dec 2011
Blog Post:
Monitoring the Use of Electronics? Privacy Alert!
Jennifer Carsen, Esq.
Wednesday’s CED covered technology policies in general. Today we look at a narrower area: Electronic monitoring. Employers have many good reasons for monitoring employee activity, but they should always remember that there are legal issues involved, with privacy being the most prevalent. In general...
on
25 Nov 2011
Blog Post:
The 10 Most Common Sins of E-Mail Writers
Jennifer Carsen, Esq.
In yesterday's CED , we talked about various e-mail dangers in the workplace. Today, 10 sins of e-mail writers — plus an introduction to a webinar specifically for HR practitioners new to California. Mindy Chapman, a consultant and president of Mindy Chapman & Associates LLC, offered her...
on
13 Oct 2011
Blog Post:
The $6.9 Billion E-Mail
Jennifer Carsen, Esq.
'Innocent' little e-mails and text messages can cost companies billions, wreck promising careers (of politicians and HR managers), and cause untold hassles. Mindy Chapman, a consultant and president of Mindy Chapman & Associates LLC, offered her tips at the recent SHRM Annual Convention and...
on
12 Oct 2011
Blog Post:
Protect Yourself From Employees’ Use of Social Media
Jennifer Carsen, Esq.
Yesterday , we looked at some of the legal concerns for employers that social media raises. Today, some tips for protecting yourself — as well as an introduction to a webinar you won't want to miss next week. The following suggestions are courtesy of the law firm of Epstein Becker & Green...
on
7 Jul 2011
Blog Post:
Social Media: It’s Here To Stay
Jennifer Carsen, Esq.
If your employees aren't plugged in to social media sites on a regular basis at work, it's likely because you have (a) a draconian firewall or (b) a workplace entirely free of computers. It's also possible that (c) you're in deep denial. Like it or not, social media is here to stay. Here...
on
6 Jul 2011
Blog Post:
What To Include in a Company Social Media Policy
Jennifer Carsen, Esq.
If you want to prevent social media abuse, says attorney Jody Katz Pritikin, you must develop a social media policy, and your policy must include several key elements. Pritikin is an attorney/investigator/seminar leader for Katz Consulting & Associates in Santa Monica. Her suggestions came at the...
on
17 May 2011
Blog Post:
Social Networking = Less Working
Jennifer Carsen, Esq.
People are now spending more time on social media sites than on e-mail, says attorney Jody Katz Pritikin, and a lot of that time is being spent at work. In today's CED, Pritikin explains how to manage the new social media time-suck. Pritikin, who is with Katz Consulting & Associates in Santa...
on
16 May 2011
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