I often use this column space to try to update you on one area of employment law in which a new development has occurred. But employment law is changing so rapidly that rather than explaining any of the latest changes in detail, I just want to alert you this month to several important changes.
As a business owner or supervisor of employees, you need to seek specific advice, information and/or training on any of these recent employment law developments that affect your workplace.
“Relying on the government to protect your privacy is like asking a peeping tom to install your window blinds”. – John Perry Barlow
“I never liked working. To me a job is an invasion of privacy.” – Danny McGoorty
I often encounter people who still believe they have a constitutional right of privacy in this country. Privacy is not addressed in the constitution. And in my opinion, the Patriot Act and the current administration’s domestic wiretapping program has eroded much of whatever small measure of privacy the common law and the courts used to give us.
Privacy is even scarcer in the American workplace. Private corporations, businesses, stores, sole proprietorships, and other nongovernmental employers can and do invade their employees’ privacy on a daily basis as part of the normal course of business.
Although the law was adopted with much political posturing in August 1993, I have rarely mentioned the Family and Medical Leave Act (“FMLA”) in this column over the last ten years that I’ve been writing it for two reasons:
1. It only affects employers who have 50 or more employees on the payroll; and
2. It provides only unpaid leave, so very few employees can afford to take the 12 weeks off that the FMLA allows.
But I have decided it is time to readdress the FMLA if for no other reason than to combat the misinformation that seems to exist about it. If you are an employer that is affected by it, then you need a lot more knowledge than I can provide in this column, but this should act as an introduction for you.
My law office is now located in a beautiful historic home in Amarillo where I share office space with first-rate lawyers like Kevin and Ginger Nelson, Chris Wright and Jeff Voiles.
It is a professional place with lots of advice given to clients on serious legal matters. It is not the kind of place where you would expect me to be charting the phases of the moon.
However, I have noted that the full moon changes the type of calls I receive at the office from potential clients. Normally, I hear from business owners and managers calling for help with employment policy manuals and answers about how to avoid discrimination claims.
During the full moons I get bombarded with calls from employees who believe they have been victimized at work. They all seem to think that an employment lawyer can magically fix their employment problems and make their jobs more pleasant.
Some of the callers are looking for legal loopholes to explain away their own failures at work, like the ones who want to know how to avoid random drug testing or who want to sue their employer when they test positive and are inevitably fired.
Summer is coming and you may be thinking about hiring some teen workers under the age of 18. Here’s some lawyerly advice: Proceed with Caution.
There are lots of legal restrictions on hiring teens, which are still considered “child labor” by the Department of Labor. You need to review the basic rules on the Department of Labor website, www.dol.gov, such the limitations on the hours that 14- and 15-year-olds can work:
If you are hiring a 16- or 17- year old, there are no limits on the hours that he can work. However, there are limits on the duties anyone under 18 can perform. He generally cannot work in any occupation considered hazardous, including construction jobs, warehousing jobs, public messenger jobs or jobs that require the use of power-driven machines, such as meat slicers, bakery equipment, power saws, etc.