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What I've Been Reading This Week


Some very interesting reading this week.  My favorite by far was the article on the Suitable Seating Requirement in California.  This is one of the finer legal issues that is being litigated across the state which has led to some very interesting litigation.


How Will the Suitable Seating Requirement Impact the Hospitality Industry?

One of the more interesting legal issues surrounds how the "suitable seating" provision in California will impact the hospitality industry.  The suitable seating requirement requires some employers to provide "suitable seating" to some employees when the "nature of the work" would "reasonably permit it."  There is a great deal of confusion about the interpretation of this law which has left court's (and parties) unsure of how it applies.  The issue is currently before the California Supreme Court for clarification.  Michael Kun has a few thoughts about the issue and how the interpretation of the suitable seating provision could impact employers and employees in the hospitality industry.


Make Sure to Follow Up With Complaining Party at End of Workplace Investigation

While it may seem commonsense, this brief article notes the importance of following up with the complaining party at the end of a workplace investigation.  This note reminds employers of the importance of providing the complaining party with at the very least, a conclusion of the investigation results.


Putting Together a Sensible Social Media Policy

Jason Shinn has a good article on whether employers should be able to monitor their employees' social media posts as well as whether social media posts should be considered in the interview process.  The article includes a good discussion of the factors that should be balanced when considering what type of social media policy to set and includes a few insightful benefits and possible harms that could arise.

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