BNA Human Resources Report was kind enough to quote me in this great article about an employee’s appearance and the potential legal and employee relations concerns Human Resources and In-House Counsel confront in dealing with these issues.
Donning and doffing is a hot area of wage and hour law that often leads to class and collective actions and, as a result, creates significant potential liability and litigation costs for employers.
By way of legal background, the Electronic Communications Privacy Act (“ECPA”), enacted in 1986, is comprised of two statutes: the Wiretap Act and the Stored Communications Act. Historically, most litigation arising under the ECPA has involved the Wiretap Act. However, with the social media revolution, the Stored Communications Act (“SCA”) now is coming into play.
There is a growing legislative movement to pass laws that prohibit employers from requiring employees to turn over their social media (i.e., Facebook) passwords. Such a bill was introduced in the Florida Senate on September 25, 2013 by Senator Jeff Clemens, a Democrat from Lake Worth.
I am pleased to post a guest blog I wrote for the Philadelphia Business Journal regarding the wage and hour implications of the government shut down.