Workplace Conduct

When an Employer Interviews an Employee, The Power of the NLRA Compels You!
June 28, 2023
When an employer receives a complaint of workplace misconduct, they often must conduct an investigation that may include interviewing employees. Interviewing an employee is not as simple as one may assume.
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An Employer’s Guide to the Super Bowl
February 9, 2023
As we did for March Madness and the World Cup, we offer employers a little guidance on the Super Bowl at work.
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Political Speech Can Contribute to Hostile Work Environment
July 11, 2022
Political expression is not often a factor in workplace discrimination or hostile work environment claims. However, in a recent opinion, the Massachusetts Superior Court determined that, in certain circumstances, political expression can contribute to unlawful discrimination in violation of Massachusetts law.
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Extraordinary Workplace Misconduct: No Pokémon Go While Policing!!
February 9, 2022
Here’s another entry in our occasional series of really bad behavior in the workplace – police officers who decided to continue playing Pokémon Go rather than respond to a robbery in progress.
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Extraordinary Workplace Misconduct: Petty Pennies
February 2, 2022
In our occasional series spotlighting outrageous workplace conduct, we have come across an incredible, albeit petty, means of payment: pennies. Rarely does the inconsequential piece of copper find itself in the headlines. But, one former employee likely saw enough pennies in one day to last him a lifetime.
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Extraordinary Workplace Misconduct: Multitasking … While Performing Surgery
November 23, 2021
In our occasional series of outrageous workplace conduct, the marked increase in remote work during the pandemic has created interesting opportunities for employees to engage in some poorly-considered multi-tasking.
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Eleventh Circuit Rehabilitates Racial Harassment Claim
September 27, 2018
To state a claim for harassment or hostile work environment, a claimant must establish, among other things, that he or she was subjected to conduct that was (1) unwelcome, (2) related to his or her protected status (e.g.,  race, sex, religion, etc.), and (3) severe or pervasive.
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Eighth Circuit Requires Employees to Reasonably Believe Underlying Conduct is Illegal to Make a Case for Retaliation
August 21, 2018
Colleen Auer’s tenure as city attorney for Minot, North Dakota, may have lasted only about a month, but it spurred not one, but three lawsuits and will definitely leave its mark on the Eighth Circuit.
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NYC Sexual Harassment Poster and Information Sheet Released by City Commission
August 13, 2018
As previously reported, the NYC Council has enacted a series of laws addressing employers’ obligations regarding sexual harassment.
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Guidelines for a Valid No-Solicitation/No-Distribution Policy
April 27, 2018
Many employers would like to ensure that employees focus on their work during their working time – after all, that’s what they’re being paid to do!
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New York State and City Adopt Sexual Harassment Legislation
April 27, 2018
Both the New York State (“NYS”) Legislature and the New York City (“NYC”) Council have adopted legislation addressing sexual harassment in the workplace.
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Burning a Customer Is Not the Appropriate Response to Harassment
April 5, 2018
As a minority female, I have had my share of being harassed, and I have felt rage at the unfairness. I completely understand the desire to lash out at the harasser. But actually burning them with a cigarette? Well, that crosses the line.
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