According to the National Institute on Alcohol Abuse and Alcoholism, 17.6 million people — about one in 12 adults — abuse alcohol. Based on the statistics, odds are good that one or more of your employees suffers from alcoholism and may need treatment. The case illustrations below provide insight into avoiding liability under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) when managing alcoholics in the workplace.

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Until last week, most employers believed that they had the right to review -- and in fact owned -- any electronic information stored on company computers. In a recent decision, the New Jersey Supreme Court carved out an exception to this rule. When an employee exchanges emails with her attorney through a personal web-based email account using a company computer, that email is attorney-client privileged even though the computer may automatically create a viewable copy of the email's text in temporary internet files on the company computer. In addition to ratifying, once again, the sanctity courts grant to the attorney-client privilege, the case highlights the importance of well-drafted company policies to enforce workplace rules and protect employer rights. Although the precedent applies only in New Jersey, the decision is significant for all employers. Stengart v. Loving Care Agency, Inc.

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"Sexting" is the act of sending sexually-explicit images via cell phones, emails, iPods, pagers or social-networking sites. Unfortunately, the "sexting" phenomenon has exploded across the nation in the last decade and news reports of students engaged in sexting scandals are becoming all too common. Criminal prosecution of teenagers sending "sexts," lawsuits instituted against schools and school officials due to their response to incidents of sexting, and even reports of teenagers allegedly committing suicide after sexting incidents spiraled out of control have received nationwide media coverage.

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Less than two years after the enactment of the Legal Arizona Workers Act (“LAWA”), Arizona Governor Jan Brewer has signed into law the Support Our Law Enforcement and Safe Neighborhoods Act (Senate Bill 1070). The Act requires law enforcement officials to attempt to determine the immigration status of any person that they believe to be an alien unlawfully present in the United States. The Governor’s decision has thrust Arizona into the spotlight of immigration reform debate.

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Many work-related complaints are directed at bosses. The nature of the relationship between worker and boss automatically causes friction. After all, it means one person tells another person what to do. That is why supervisors need a great deal of skill in handling people, as well as a thorough knowledge of their job. If you have a boss who is deficient in either of those areas, you are going to have problems. As a worker, you also need to understand the pressure and responsibility your supervisor faces and the stress that causes. Remember that there are two sides to every story.

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On the heels of CBS News chief investigative correspondent Armen Keteyian's investigation into documents stored on digital photocopier hard drives, CBS affiliate WIVB reports that fingers are being pointed in Buffalo, NY.

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Your doctor, lawyer, or tax preparer could all be unwittingly giving away your very private information. And they're doing it by using copy machines. You may already be a victim and not even know it, reports Tony Lopez of CBS Station KOVR in Sacramento.

The copy machine is an important and seemingly harmless part of our lives. And when it's time to upgrade, the old ones are sometimes sent to e-waste centers for recycling, but usually they wind-up in a wholesale warehouse on the used copier market.

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(CBS News)  At a warehouse in New Jersey, 6,000 used copy machines sit ready to be sold. CBS News chief investigative correspondent Armen Keteyian reports almost every one of them holds a secret.

Nearly every digital copier built since 2002 contains a hard drive - like the one on your personal computer - storing an image of every document copied, scanned, or emailed by the machine.

In the process, it's turned an office staple into a digital time-bomb packed with highly-personal or sensitive data.

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Scores of books exist addressing every aspect of leadership, yet the grand prize winner surely must be the topic of motivation.  Sorry, today it is referred to as employee engagement.  The label does not matter much as long as we agree on what we’re talking about.  I’m talking about an employee’s desire to show up at the cube each day and put forth whatever amount of effort is required to maximize their productivity and the morale and productivity of their colleagues.  I have had the opportunity to read a few hundred of the thousands of available books in addition to studying the topic as a scholar and learning about the topic first had as a consultant and small business owner.  After consuming all of this information and all of these experiences, I have one main conclusion:  motivating others is not nearly as complicated as many writers, trainers and theorists suggest.  In fact, I’ll be bold and suggest that motivation can be meaningfully summed up in three main points.  First, learn to see others as individuals.  Second, stop your love affair with money.  Third, practice what you preach.  Let me briefly explain each.

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William Mendoza, a convicted sex offender, applied for a job in August 2007. After Mr. Mendoza submitted his application, ADP Screening and Selection Services, Inc. conducted a background search on him. As part of the background search, it accessed the California Megan’s Law website and discovered that he was a sex offender. ADP passed this information on to the prospective employer. Mr. Mendoza did not get the job.

Mr. Mendoza sued ADP, alleging that his rights had been violated. He claimed that ADP had no right to use the Megan’s Law website for the purposes of an employment background check, and he alleged that ADP caused him to lose the employment opportunity.

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As the healthcare drama recedes from center stage, the next labor reform domino has already fallen. For 27 months, the National Labor Relations Board (NLRB) has operated with only two of its five seats filled. But with the commencement of Easter recess on March 27, President Obama moved swiftly to change that by unilaterally appointing SEIU counsel Craig Becker and union attorney Mark Pearce to seats on the Board.

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As part of the recent Patient Protection and Affordable Care Act of 2010 (PPACA), Congress amended the Fair Labor Standards Act to provide breaks for nursing mothers.  Under section 4207 of the PPACA, which appears to be effective immediately, employers must provide a “reasonable break time” for an employee to express breast milk for her nursing child.  The requirement applies for one year after the child’s birth.  The PPACA places no limit on the number of the breaks to be provided, and does not contain any guidance with respect to the duration of such breaks.

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In the absence of clear rules or guidance from BOLI, employers that intend to continue utilizing credit histories after July 1, 2010, should proceed with caution and consult legal counsel to determine whether they fit into one of the statute’s exceptions. If they do not fit within an exception, employers should develop alternatives to current practices by July 1, 2010, to avoid penalties and civil liability. A violation of the new law is an unlawful employment practice, and an aggrieved individual can file a complaint with BOLI and a civil lawsuit for injunctive relief, reinstatement or back pay, and attorney’s fees.

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In a world where greed and winning at all costs has permeated organizations from youth sports to Fortune Top 50 companies and everything in between, everyone is faced with the same challenge: How do we not fall into that trap of compromising our core values both individually and collectively, personally and professionally, as we chase the end game?10 Can we create an environment where winning (success however you measure it) and employees feeling valued, respected, and part of something special are mutually inclusive? The answer is yes!

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Much has been written about the Health Care Reform Act and how it will affect employers over the next eight years. But how does it affect employers this year - in 2010?

For most employers, the answer is that very little will change this year. This bulletin will discuss six ways, however, that the Act may affect you, the employer, in 2010:

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I presented legislative and legal updates to the Salt Lake SHRM chapter and the Employers Council within the past two weeks.  Here are the issues we discussed.

1.   LITIGATION THREATS CONTINUE:  There are lots of employment lawsuits ou there right now.  Claims typically increase in times of economic uncertainly (for example see item #2 below).  Some claims are due to the large number of layoffs in 2008-09.  But also note that in 2009, FLSA overtime lawsuits  (over 5,500) increased almost 8% over the previous year.  On average only about 1,500 FLSA lawsuits were filed each year in the 1990s.  Large verdicts and settlements also continuing.  For example:

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Good Eats, Inc. runs a family restaurant in a state which prohibits discrimination in employment based upon gender identity and disability.  Its employees are required to wear name-tags, and to dress the same (black pants and shirt, minimal jewelry, conservative make-up).  It has men's and women's restrooms, used by customers and employees alike.  An employee (George) tells the manager that he is in transition to becoming a woman, and wants:

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