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EMPLOYEES MAY BE TERMINATED FOR OFF-DUTY SPEECH THAT HARMS THE EMPLOYER’S INTERESTS

Written by Stephen Trimboli

Do the federal or state constitutions prevent a New Jersey business owner from terminating employees for their off-duty speech? According to a new state court decision, the answer is “no,” at least when the off-duty speech is harmful to the business owner’s interests.

McVey v. AtlantiCare Medical System Inc. involved a medical system’s Corporate Director of Customer Service. The medical system’s social media policy warned that social media activity, even outside of work, “has the potential to affect AtlantiCare employee job performance, the performance of others, AtlantiCare’s brand and/or reputation, and AtlantiCare’s business interests.” It further warned, “When you identify yourself publicly as being employed by … AtlantiCare, ensure your profile and related content is consistent with how you wish to present yourself with colleagues and clients.” The policy specifically warned employees to avoid “topics that may be considered objectionable or inflammatory – such as politics and religion.”

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TRACKING DEVICES IN YOUR VEHICLES? EMPLOYEES MUST HAVE A WRITTEN WARNING

Written by Stephen Trimboli 

Starting April 18, 2022, private sector employers in New Jersey who knowingly use tracking devices for the sole purpose of tracking the movement of a vehicle, person, or device will face civil penalties unless written notice is provided to employees that tracking devices are being used.

A “tracking device” is defined for this purpose as an electronic or mechanical device that is designed or intended to be used solely for the purpose of tracking the movement of a vehicle, person, or device. Devices used for the purpose of documenting employee expense reimbursement are not considered “tracking devices” under this new law.

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How the NY Heroes Act Will Impact Your Business...

New York State Passes New Regulation to Control the Spread of Airborne Infectious Disease 

Written by Marc Roberts


 

On May 5, 2021, Governor Andrew Cuomo signed the New York Health and Essential Rights Act (“NY HERO ACT”) into law. The NY HERO ACT adds two new sections to the New York Labor Law... Section 218-b, which requires employers to establish prevention plans for airborne infectious diseases, and Section 27-d, which requires employers to allow employees to form “workplace safety committees."

Who is Covered?


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