Friday, April 02, 2010

Privilege Trumps Company E-Mail Surveillance

Privilege Trumps Company E-Mail Surveillance: "a plaintiff in an employment discrimination suit against her employer had a reasonable expectation that e-mails to and from her attorney on her personal Yahoo account would be private, although transmitted via a company-owned laptop." Stengart v. Loving Care Agency Inc., (N.J. Supreme Court, Mar. 30, 2010) (PDF). (source: Law.com)

Thursday, April 01, 2010

Got milk? Lactation stations are coming to a workplace near you

Over at the BR Employment Law Blog, I've posted regarding the new FLSA amendment contained in the health care bill that requires employers to provide work breaks to nursing mothers so they can express their breast milk.  It also requires employers to provide, for lack of a better word, "lactation stations" outside of bathrooms to accomplish this task.

This amendment is unusual for several reasons. 
  • It marks the first time Congress has attempted to require any sort of breaks for employees under the FLSA. 
  • It is the first FLSA provision requiring physical modifications of workplaces; and
  • It introduces an "undue hardship" exception that one might expect to see in disability-related legislation.
No guidance has been offered by the DOL on how to comply with this new law.  But, if you're an employer wondering how you can set up a lactation station or a lactation program, check out this article: How to Establish a Workplace Lactation Program.