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1. FEATURE STORY:
EMPLOYEES HOOKED ON ELECTRONICS INCREASE
EMPLOYER LIABILITY

As technology gets smaller, faster, more portable, more versatile, more and more people are staying wired 24/7. When cell phones and pagers first gained popularity, legal experts emphasized the dangers of employers attaching so-called electronic leashes to their workers. That warning is still relevant today. However, employers must also be on the lookout if employees attach an electronic leash to themselves. Employers could still face legal risks even when they don't pressure employees to plug in after hours.

1. Driving while distracted. First, it was talking on cell phones and driving don't mix. States started passing laws prohibiting this practice, some making an exception for hands-free talking. (Although whether using headsets is safer is arguable, according to studies.) Now, there's a new electronic distraction: texting. On May 11, Washington State passed the nation's first law banning texting while driving.

Your legal risk: It's high if employees get into car accidents while making work-related calls or texting business associates. It's also possible if the calls/texts are personal, but the employee is driving for business reasons.

2. Physical ailments. There's no shortage of computer keyboards, mice, desks, and chairs to ensure employees are working in ergonomically correct offices. Now, what about work that's done outside the office, on PDAs a fraction of the size of a standard keyboard? A new problem has emerged, known as “BlackBerry Thumb.”

Your legal risk: Repetitive stress injuries could lead to Workers' Comp claims, and if the injury is severe enough, the Americans with Disabilities Act (ADA) could also come into play.

3. Pay. Employers looking to control overtime costs face a new challenge since employees can do work anywhere, anytime.

Your legal risk: Non-exempt employees must be paid for all hours worked, including overtime after 40 hours/week (in some states, after eight hours/day). Even exempt employees, whose pay does not vary according to the number of hours worked and who do not receive overtime pay, could create a pay problem. Because they must be paid their full salaries for any week in which they perform work (whether they work 50 hours or five), a week off that would have been unpaid could earn them a paycheck.

Reduce your legal risk: Company policies and management practices must be consistent and sincere in conveying the message to employees that they are not expected to be wired to work at all times. That could include going so far as to forbid employees to engage in work-related activities after hours and taking disciplinary steps against those who continue to do so anyway.

RELIGIOUS HARASSMENT: INSENSITIVITY VS. INTOLERANCE

No employer is expected to provide employees with a completely civil and sterile environment. People say stupid and insensitive things all the time, and the courts understand that it's impossible for managers to...View the full story on our website.

FREE REPORT

Check out the Free Report, "Workplace Violence: It Could Happen To Your Organization," which explores the many forms workplace violence can take, how to legally screen out potentially violent applicants from the hiring process, FBI-identified personality traits of employees at risk for violent behavior, what to consider when sizing up your organization's physical security, and the basic provisions to include in a violence prevention policy.

Kick back, relax, and take a few minutes to check out the new HR Soapbox, "Clutter Trumps Neatness? Not If I Can Help It," in which an editor defends neatness against critics who admire clutter.