Real Life Employment Law
Nearly every day, executives and managers, and the in-house counsel and Human Resources professionals who work with them, are confronted with unanticipated questions regarding the workforce. Just when they think they have "seen it all," along comes a new and often stranger scenario involving an odd twist to an area they thought they fully understood. These individuals often find themselves back at square one when trying to construct an appropriate response and devise a creative solution to the problem presented. Sometimes these "Quirky Questions" can be resolved easily; other times, they implicate practical and legal issues that are not immediately apparent.
This Quirky Employment Questions Blog addresses unanticipated questions regarding the workforce.
We encourage you to submit your thoughts and reactions to the questions presented. We also encourage you to submit questions that you would like to see addressed, subject to these guidelines.
Stephen D. Bell
Michael Droke
Joseph W. Hammell
Sarah Andrews Herman
Ryan E. Mick
William J. Miller
Melissa Raphan
Gregory M. Saylin
Gabrielle Wirth
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Minnesota is now the 23rd state (in addition to Washington D.C. and Guam) to legalize recreational marijuana in some form or another. Minnesota joins a growing list of states taking action on marijuana policy. With nearly half of the states now permitting adult-use of marijuana, what trends and laws should employers consider when revising or adopting drug testing policies? To...
On July 14, 2023, the California Attorney General announced an investigative sweep targeting CCPA compliance efforts by “large California employers.” The Attorney General’s Office sent inquiry letters to the large California employers “requesting information on the companies’ compliance with the California Consumer Privacy Act (CCPA) with respect to the personal information of employees and job applicants.” The CCPA did not...
It is safe to say that the use of artificial intelligence (AI) went mainstream in 2023. With the widening acceptance of AI, dozens of industries have raced to adopt the technology into various operations at a staggering pace – including adopting AI in human resources (HR) processes in the workplace. But, employers and HR departments should keep pace with federal...
Question: There has been a lot of news coverage lately on restroom policies related to transgender employees. Can you provide some guidance on how to structure our restroom-use policies to be both lawful and respectful of all employees? More generally, can you help me understand the appropriate, respectful terminology in this area? I certainly don’t want to offend anyone on purpose,...
Question: For data breach preparation, what guidance have federal and state regulators issued regarding incident response plans?
Question: Can you tell me what has been happening in California regarding breach notification laws?
Question: Our company has employees and operations in multiple states, and I’m concerned about complying with data breach laws in the various locales. What’s the status of the law on data breach notification?
Question: A junior member of our marketing department left to join a competitor. While she was with us, she created numerous marketing brochures with photographs of her demonstrating our product. We received a letter from the competitor demanding that we remove her picture from our brochures and website and delete her name on any company materials. It would be very...
Employees’ Informational Privacy Rights — Supreme Court Decides NASA v. Nelson On January 19, 2011, the United States Supreme Court decided the case of NASA v. Nelson, No. 09-530. The Court unanimously (a six justice majority, two concurring opinions, and Justice Kagan recusing herself), held that it did not violate the Constitution for employees of a government contractor to be...
Question: This question is not especially “quirky.” I know that last year, you described the important employment cases that the U.S. Supreme Court was going to consider in the following year. I’ve seen a lot of press recently about the Walmart-Dukes case. What other employment cases will the Supreme Court be considering next term?
Erica ChenErica is an associate in the Costa Mesa office of Dorsey & Whitney and a member of the firm’s Labor and Employ...
Jack SullivanJack is a Partner in Dorsey’s Labor & Employment group, where he focuses his practice on employment adv...
Ieva AubinAs an employment and business immigration attorney, ...
Michael DrokeMike started his career as a client, not a lawyer...
Matt DurhamMatt defends employers in Utah and throughout the ...
Aaron GoldsteinAaron is a Partner in Dorsey’s Labor & Employ...
Josh HughesJosh’s experience spans trial and appellate advoc...
Jillian KornblattJillian is a Partner in Dorsey’s Labor & Employ...
Laura LestradeLaura began practicing at Dorsey in 1992 and has s...
Ryan MickFor more than a decade, Ryan has counseled corpo...
Nick PappasNick litigates and counsels with respect to com...
Melissa RaphanMelissa is a Partner in Dorsey’s Labor and Employ...
Gabrielle WirthEmployers turn to Gabrielle for guidance on how they...
