Quirky Questions

Real Life Employment Law

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A New Question Every Week

Nearly every day, executives and managers, and the in-house counsel and Human Resources professionals who work with them, are confronted with unanticipated questions regarding the workforce. Just when they think they have "seen it all," along comes a new and often stranger scenario involving an odd twist to an area they thought they fully understood. These individuals often find themselves back at square one when trying to construct an appropriate response and devise a creative solution to the problem presented. Sometimes these "Quirky Questions" can be resolved easily; other times, they implicate practical and legal issues that are not immediately apparent.

This Quirky Employment Questions Blog addresses unanticipated questions regarding the workforce.

We encourage you to submit your thoughts and reactions to the questions presented. We also encourage you to submit questions that you would like to see addressed, subject to these guidelines.

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Category: Privacy Rights

Recreational Marijuana Legalization, Drug Testing Trends, and Considerations for Employers

 

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Minnesota is now the 23rd state (in addition to Washington D.C. and Guam) to legalize recreational marijuana in some form or another. Minnesota joins a growing list of states taking action on marijuana policy. With nearly half of the states now permitting adult-use of marijuana, what trends and laws should employers consider when revising or adopting drug testing policies? To...

VIEW ALL POSTS ABOUT: Background Checks, Drug & Alcohol Use, Privacy Rights

What Does the California Attorney General’s New Investigative CCPA Sweep Mean for California Employers?

 

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On July 14, 2023, the California Attorney General announced an investigative sweep targeting CCPA compliance efforts by “large California employers.” The Attorney General’s Office sent inquiry letters to the large California employers “requesting information on the companies’ compliance with the California Consumer Privacy Act (CCPA) with respect to the personal information of employees and job applicants.” The CCPA did not...

POSTED IN California Questions, Privacy, Privacy Rights

EEOC, Other Federal Agencies Set the Pace for Employers Using AI in the Workplace

 

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It is safe to say that the use of artificial intelligence (AI) went mainstream in 2023. With the widening acceptance of AI, dozens of industries have raced to adopt the technology into various operations at a staggering pace – including adopting AI in human resources (HR) processes in the workplace. But, employers and HR departments should keep pace with federal...

POSTED IN California Questions, Employee Handbook / Policies, Litigation Issues, Privacy, Privacy Rights
Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees

Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees

 

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Question: There has been a lot of news coverage lately on restroom policies related to transgender employees.  Can you provide some guidance on how to structure our restroom-use policies to be both lawful and respectful of all employees?  More generally, can you help me understand the appropriate, respectful terminology in this area?  I certainly don’t want to offend anyone on purpose,...

POSTED IN Privacy Rights, Sex Discrimination
Quirky Question #216, Use of a Photograph of a Former Employee

Quirky Question #216, Use of a Photograph of a Former Employee

 

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Question: A junior member of our marketing department left to join a competitor.  While she was with us, she created numerous marketing brochures with photographs of her demonstrating our product.  We received a letter from the competitor demanding that we remove her picture from our brochures and website and delete her name on any company materials.  It would be very...

POSTED IN Privacy Rights
Employees’ Informational Privacy Rights — Supreme Court Decides NASA v. Nelson

Employees’ Informational Privacy Rights — Supreme Court Decides NASA v. Nelson

 

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Employees’ Informational Privacy Rights — Supreme Court Decides NASA v. Nelson On January 19, 2011, the United States Supreme Court decided the case of NASA v. Nelson, No. 09-530. The Court unanimously (a six justice majority, two concurring opinions, and Justice Kagan recusing herself), held that it did not violate the Constitution for employees of a government contractor to be...

VIEW ALL POSTS ABOUT: Privacy Rights
Quirky Question # 165, Employment Cases Before the U.S. Supreme Court

Quirky Question # 165, Employment Cases Before the U.S. Supreme Court

 

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Question: This question is not especially “quirky.” I know that last year, you described the important employment cases that the U.S. Supreme Court was going to consider in the following year. I’ve seen a lot of press recently about the Walmart-Dukes case. What other employment cases will the Supreme Court be considering next term?

POSTED IN Negligence, Privacy Rights, Wage and Hour Issues