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What I've Been Reading This Week


Just when I think I get a chance to catch my breath and get a leg up on things in the office do I turn around and find out I have a busy next week ahead of me.  Although that has left me scrambling to get things prepped for a few work trips next week, I was able to find some time the past few days reading through some articles to highlight here.

As always, below are a couple articles that caught my eye this week.


5 Things to Consider For Workplace Investigations

In many workplaces, there are inevitably going be claims of harassment that are alleged.  For employers (or those in Human Resources), the investigation itself is a pivotal step in determining whether harassment actually occurred and what the next steps need to be.  Anthony Zaller at the California Employment Law Report provided five key things that each investigation could encompass, although the list is not exhaustive.  Rather, I think these five tips provide readers with food for thought in regard to how they can strengthen their own workplace investigations going forward.


Are Employees Able to Work From Home? Great, But First, A Few Thoughts

Work from home is a perk of employment for many employees that have the option to use it.  Avoiding the grind of traffic, parking, and the daily commute can lead to more content employees and a better overall work product.  With that being said, not all work from home policies are clearly defined which can lead to confusion among employees and employers alike about how a work from home option is to be "governed."  Brenda Baumgart wrote an article earlier this month that provides employers with several things to keep in mind, for those that offer employees a work from home option.  One of the main tips here is for employers to remember to have these work from home employees safeguard confidential and proprietary information.  While this is somewhat easier to do in the actual workplace, there are a host of variables that make this a more sensitive matter for those employees that work from home.



David Pryzbylski wrote an article that addresses when an employer decides to terminate an employee for a social media posts.  While some employers are quick to pull the trigger on these terminations, using a National Labor Relations Board ("NLRB") matter as an example, David advises employers to proceed with caution.  As the NLRB has previously determined, in certain instances, an employee's social media posts can qualify as concerted activity undertaken for their "mutual aid and protection" such that this is protected activity under the National Labor Relations Act.  While every case is different, and this analysis from David might not apply to every situation, it is worth a quick read for those employers (or employees) in a similar situation.


Troubling Pattern of Sexual Harassment of Congressional Custodians Revealed

Sexual harassment has become a hot button issue over the past few years, due in no small part to the #MeToo movement gaining traction.  While Congress has taken steps to curb sexual harassment in the workplace, Katherine Tully-McManus at Roll Call recently noted a troubling pattern of members of Congress allegedly sexually harassing night shift custodial staff at the Capitol.  While the 53 page report does not specifically mention which members of Congress have been accused of engaging in this conduct, it is noted that dozens of members of Congress routinely sleep in their offices...which has been speculated to put them in a position to sexually harass custodial staff.  While the report is rather dense, it is worth a review.  With any luck, this report will help spur change at the Capitol to bring amount a workplace that is not permeated with sexual harassment toward the custodial staff.

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