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In just a few short years, electronic-cigarettes (also known as “e-cigarettes” or “vapes”) have become a burgeoning industry in the United States. In case you are like me and are always last to know about the latest trends, e-cigarettes are essentially battery-powered devices that heat a liquid nicotine solution until it turns into a vapor mist that can be inhaled by users. They are available in a variety of exotic flavors, including Apple Pie, Bubble Gum, Cotton Candy, and Mint Chocolate Chip, and are used by young and old alike. Though few studies have been conducted yet on the long-term health risks or benefits of e-cigarettes, proponents of the product argue that they are a better alternative to traditional cigarettes because users inhale fewer harmful chemicals, there is no open flame involved, and the vapor cloud created from using the product does not have a distinctive odor and dissipates rather quickly.
Continue Reading E-Cigarettes in the Workplace: A Burning New Question for Employers

The National Football League (“NFL”) has hired an outside investigator to handle the complaint made by Jonathan Martin of the Miami Dolphins. The national news media cannot seem to get enough of this story, and the coverage has been relentless. The media, however, seems to have focused on the bullying angle. But for some of us, based on the reports, it looks like there was more than just bullying going on. If the allegations are true there may be violations of the league’s workplace harassment policy as well. Given the dynamics here, and the high profile nature of the situation, we think it makes a lot of sense for the NFL (and the union) to bring in an investigator from the outside.

An employer’s investigation of workplace harassment is often critical to its subsequent defense of any related lawsuits. A good investigation that results in appropriate corrective action typically means a good defense to a claim of workplace harassment. The law encourages employers to be proactive and promptly investigate incidents that occur, and rewards employers who take those steps.
Continue Reading NFL Hires Outside Investigator . . . Should You?

As we approach the halfway point in the year, there are several noteworthy trends in state employment law that you should be aware of in order to proactively address potential high risk areas for your operation and stay compliant with the law. This post provides a summary of some of the hot-button issues affecting employers at the state level.

Employers must stay current on these ever-changing employment law trends, and we will continue to keep you up-to-date on these issues. In addition, we will be hosting our Annual Labor and Employment Law Seminar on June 1, 2012, which will cover labor and employment law developments and trends. For more information about our seminar, including registration information, please visit the events page on our web site at www.mwn.com or follow the links in the post.
Continue Reading Current Trends in State Labor and Employment Law

Homicide has consistently been one of the top four causes of work-related fatalities over the past decade, with an average of 590 incidents per year. Shockingly, in 2009, homicide was the leading cause of work-related death for women. The Occupational Safety and Health Administration has addressed the hazard of workplace violence from time to time over the past fifteen years in various ways, including publication of specific guidelines for high-risk industries such as late-night retail, health care and social services. However, until now, there was no systematic approach to addressing this serious hazard.

The new OSHA Instruction regarding workplace violence does not change the law pertaining to workplace violence; however, it provides OSHA inspectors with a framework for analyzing this hazard in the workplace and for issuing citations under the general duty clause. Employers in industries with an inherent risk of violence, particularly those who employ workers that are exposed to the “known risk factors,” are well advised to study the OSHA Instruction and implement appropriate abatement measures.
Continue Reading OSHA Publishes Game Plan for Workplace Violence-Related Inspections

The Pennsylvania Department of Health (DOH) has issued Guidance in preparation for the September 11, 2008 effective date of Pennsylvania’s Clean Indoor Air Act (CIAA). The Guidance has the following noteworthy provisions and references collateral documents:

  • Owner/Employer Compliance Toolkit:  Additional guidance will be available in a Toolkit which will be available on the DOH website

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On July 22, 2008, the EEOC issued a new section of its Compliance Manual addressing the subject of religious discrimination. The section "provides guidance and instructions for investigating and analyzing charges alleging discrimination based on religion." The new section does not change a Pennsylvania employer’s legal obligations, imposed by Title VII of the Civil Rights Act of…

On June 26, 2008, the United States Supreme Court issued a landmark decision confirming that the Second Amendment of the United States Constitution protects an individual’s right to keep and bear firearms. In District of Columbia v. Heller, the Supreme Court interpreted the language of the Second Amendment for the first time in nearly 70…