From the Editor
Employers can restrict union use of company e-mail
The National Labor Relations Board (NLRB) has ruled that employers can prohibit employees from using company e-mail to send union-related messages while allowing some personal use of e-mail.
In a 3-2 decision dated December 16 but released December 21, the NLRB majority ruled that the e-mail policy of Eugene, Oregon, newspaper The Register-Guard wasn't a violation of the National Labor Relations Act. The company's written policy prohibited the use of e-mail for "non-job-related solicitations." But in practice, it allowed a number of nonwork-related employee e-mails. There was no evidence, however, that it permitted e-mails urging support for groups or organizations.
The company issued two written warnings to an employee who was president of the Newspaper Guild union's unit at The Register-Guard after she sent e-mails to employees about union activities and urging support for the union.
The NLRB majority adopted the reasoning of the Seventh U.S. Circuit Court of Appeals, noting that in two cases involving the use of employer bulletin boards, the court had distinguished between personal nonwork-related postings such as for-sale notices and wedding announcements and "group" or "organizational" postings such as union materials.
Look for more in-depth coverage of this important decision in an upcoming issue of your state Employment Law Letter.
Wendi Watts
Web Editor
HR Hero Line
Webeditor@hrhero.com
Feature
It’s college bowl -- and office pool -- season
by John Husband
Individual commitment to a group effort -- that is what makes a team work, a company work, a society work, a civilization work. ~ Vince Lombardi
I understand what it means to be an avid college football fan. In my earlier days, I was fortunate to be on three Big Ten Conference championship football teams at The Ohio State University. During my days at Ohio State we also went to three Rose Bowls, so I know first hand how exciting the bowls can be. I understand why many college football fans will enter into office pools this bowl season.
As an employment law attorney, however, my responsibility is to counsel employers regarding the possible consequences of authorized, or overlooked, gambling in the workplace. In doing so, I have found that some of the lessons I learned on the gridiron translate to the workplace.
This Week on HRhero.com
New Year, new approach
Excerpted from Maine Employment Law Letter and written by attorneys at the law firm of Murray, Plumb & Murray
Around the New Year, many of us start to consider what we could do better in the coming year. We consider things like joining a gym and eating more vegetables. It's also a good time to think about how we could improve our work performance.
Resolutions for everyone
We often think of making resolutions for ourselves. Here's a list of resolutions that you'd want your frontline supervisors to make. Some of them also may apply directly to upper-level management, but all of them are aimed at the folks in the trenches supervising employees.
Did You Know...
From smoking bans to obesity programs, employers are stepping up their efforts to get workers to cease unhealthy habits. But are some taking it too far?
A medical benefits administration company, Weyco Inc., recently implemented a mandatory smoking ban (at the office -- and at home), causing almost 200 employees to walk off the job, rather than submit to mandatory "smoke breath" testing. While this smoking ban doesn't violate Michigan state law, other states prohibit discrimination against employees who use lawful products.
Learn your legal limits for regulating employee health by participating in the HR Hero audio conference, Making Your Employees Shape Up or Ship Out: How to Legally Control Benefits Costs. Employment law attorneys experienced in benefits compliance will guide you through emerging efforts to control healthcare spending, including real-life obesity programs and legal limitations encountered when instituting a wellness program.
Read on for more information...
HRHeroblogs.com
Last chance to vote for That's What She Said!
The voting ends on Jan. 3 for the ABA Journal's Blawg 100, the best Web sites by lawyers. That's What She Said, HRHero.com's very own blog (or "blawg") on NBC's smash sitcom The Office, has been nominated. It's written by Ford & Harrison lawyer Julie Elgar and chronicles the weekly gaffes and foibles of Michael, Dwight, and that wacky Dunder Mifflin gang.
As of this posting, we're trailing in the voting. That's where you come in. Just click here to go to the Blawg 100 site, scroll down, and vote for That's What She Said. Thank you!
HRhero.com Subscribers Area Resources
Get specific ... state-specific, that is. About 75% of HR Hero Line subscribers also subscribe to our state-specific Employment Law Letters. Sign up for your state's Employment Law Letter to get monthly, state-specific updates and access to the HRhero.com Subscribers Area.
Employers in the Courtoom
Sixth Circuit says cash-balance plans don't violate ERISA
Excerpted from Ohio Employment Law Letter and written by attorneys at the law firm of Porter Wright Morris & Arthur LLP
Kathryn L. Krisher
The Sixth U.S. Circuit Court of Appeals (which covers Ohio) has joined the Third and Seventh Circuits in ruling that cash-balance pension plans don't inherently violate the age discrimination provision of the Employee Retirement Income Security Act (ERISA).
The court affirmed the district court's ruling that the cash-balance plan adopted by an employer didn't violate the provision because neither the contribution rate nor the interest rate changed with age.
Read on (Subscribers only)
Tool: Answer Engine
Need help with an employment law or specific HR challenge? As an Employment Law Letter subscriber, you have access to a wealth of answers contained in the HRhero.com searchable database.
Log in using your HRhero.com username and password. Need help logging in?
1. Under HR Answer Engine in the middle column, click "Search the Subscribers Area."
2. Enter words relating to your area of interest in the Search boxes.
3. Choose the year and state. (To search for all articles on a topic, select "All" under Year and State.)
4. Click "How Many Items" to see how many articles match your search. If you want to limit your seach, you can limit by year or state or additional keywords.
5. When you're ready to view the list of articles matching your topic, click "Display Results."
Remember, we're always here to help! If you have any questions, please call 800-274-6774.