top ten mistakes bank employers make 10 mistakes bank... · ©2015 lane powell pc 11 top ten...

11©2015 Lane Powell PC

Top Ten Mistakes

Bank Employers Make

(What Your Employment Lawyer Would Tell You

If You Would Just Return His Call)

Presented by: D. Michael Reilly

[email protected]

(206) 223-7051


• Inadequate job description

• Ban the box

• Valid non-compete

• New city wage requirements


• NLRB / SEC

• Case of Joanna Gamble

• KBR pays $130,000

*WHAT TO DO NOW*


• KBR pays $130,000

• SEC Enforcement

*WHAT TO DO NOW*


• EEOC – LGBT

• Interns

• Same sex couples

• Wage/Paid Sick Time/Leave Laws

• NLRB Compliance


• BYOD growing

• BYOD policy adoption

• 24% of companies have policies

• BYOD Why? Why not?


• 80% of employees presently use personal

technology for business purposes

• 50% of US employers projected to stop

providing devices to employees by 2017


• Less Expensive

• Gives the Employee

Freedom to Choose

• Increases Productivity

and Responsiveness

• Increases Innovation

• NLRB Rulings

• Data on BYOD

Discoverable

• Employment Issues;

Issue Wage/Hour


For the Employer

• Data is subject to preservation, collection and production requirements

• Ready access to data is more difficult on private device

• Discovery is expensive

For the Employee• Data on phone could be examined by counter-party to

the litigation


• Develop separate user accounts with

separate logins

• Back up all work related data on personal

device to an employer-controlled space

• Create logical partitions between work and

personal content


• Electronic Communication Privacy Act

• Stored Communications Act

• Computer Fraud and Abuse Act

• Fair Labor Standards Act


• Inappropriate behavior through mobile device

• Discrimination

• GINA and ADA

• Overtime

• FMLA

• OSHA and Workers’ Comp

• NLRA Issues

• Expense Reimbursement


• More than de minimis?

Best Practices

• Require employees to record time

• Train manners to preface communications

• Limit “off the clock” work – with policies

• Review leave policies

• Fees/expenses considered


• State law requirements for reimbursement

of business expenses

• How to determine percentage of cost

related to business use vs. personal use


• Distracted driving

• “Blackberry Thumb”

• “Text Neck”

• Brain injury from cell signals


• No expectation of privacy

• Employee consent to monitoring

• Employee consent to remote wiping

• Instruction to employee to preserve data

• Prohibit sharing of device

• Must report if lost or stolen


• No texting while driving

• Prohibit use of cloud-based storage of

company data

• Compliance with all other company policies

(i.e., harassment, discrimination, overtime,

confidentiality)

• Consequences


• Eagle v. Morgan case

*WHAT TO DO NOW*


• Misclassification

– Independent contractor

– Exempt


• Travel to and from regular worksite at beginning and end of day - NO

• Travel to and from a special assignment worksite at beginning and end of day – YES(minus normal commute time under FSLA)

• Travel from one worksite to another worksite during the workday - YES


• Paid sick/safe time – April 2016


• Deductions from paycheck


Now You’re Just Somebody That I Used to

Know…..

• Failing to review documentation

• Failing to investigate complaints

• Failing to investigate basis for termination


• Failing to review chronology of issues

• Mishandling the termination meeting

• Mishandling final paycheck

• Giving appearance of inconsistent reasons

for termination


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top ten mistakes bank employers make 10 mistakes bank... · ©2015 lane powell pc 11 top ten...

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