Guns and the Workplace: Who Speaks for the Employer? May 21, 2013

Transcription

1 Guns and the Workplace: Who Speaks for the Employer? May 21,

2 Jaffe D. Dickerson Shareholder Littler Mendelson, PC. Los Angeles, CA (310)

3 I. Guns in the Parking Lot States that currently have laws that permit guns in the parking lot Approximately 20 States have or are considering laws that authorize employees to lawfully carry a weapon for protection when traveling to and from work, and to safely store that weapon in his or her private vehicle while at work 3

4 II. Vendors, Customers and Members of the Public Shall Issue Discretionary/Reasonable Issue No Permit Required Rights Restricted-Very Limited Issue 48 states have laws that authorize citizens under certain conditions to carry concealed weapons in public areas* *Source: NRA-ILA, 4

5 II. Vendors, Customers and Members of the Public States that have laws that protect the name and personal identifying information of right to carry permit holders from public disclosure Approximately 38 states have laws that protect the name and personal identifying information of right to carry permit holders from public disclosure* *Source: NRA-ILA, 5

6 II. Vendors, Customers and Members of the Public States that have laws that authorize citizens to carry concealed weapons in restaurants States that have a partial ban on carrying concealed weapons in restaurants Approximately 24 states have laws that authorize citizens to carry concealed weapons in restaurants* *Source: NRA-ILA, 6

7 III. DUTY TO PROVIDE A SAFE AND HEALTHY WORK ENVIRONMENT FOR EMPLOYEES; LIABILITY FOR INJURY TO THIRD PARTIES Federal and state OSHA requirements State workers compensation laws Common law liability for negligence 7

8 IV. POLICY CONSIDERATIONS Federal and state limitations on background checks Workers' Comp. coverage for work-related injuries Federal and state leave and disability laws Reaction of employees and the public to heightened security Policy changes may be subject to bargaining (unionized environment) 8

9 Case Study # 1 A secretary in Accounting comes to Human Resources to report that she has just got a restraining order against her boyfriend who works for another company in the same building. She is concerned because she knows that the boyfriend has several guns, all legal, and he has a permit to carry a concealed weapon in public. You cannot bar him from the building, because he works here. What can/should you do? What if she did not have the restraining order, and was asking you if she should move out what would you tell her to do?

10 Case Study # 2 A department head comes to you very concerned. An employee, Joe, in the Engineering Department is behaving oddly and has made several comments which she feels are threatening. However, when asked what Joe said, she has no specifics. You sense others are afraid to come forward, but you have no evidence Joe threatened anyone. Other concerns are everyone knows that Joe is a vet, collects weapons, and talks a lot about his gun collection. So, people are afraid that he is dangerous. However, no one has ever seen him bring a gun into work, but they suspect he keeps one in his car. You do not know if he has a permit. What can/should you do?

11 Case Study # 3 You are a large discount retailer, operating in over 30 states. Company policy does not allow employees to bring guns onto company property. Your HR manager has written exceptions into the company policy allowing employees with licensed handguns to leave them in their cars in the company parking lot in those states that authorize them to do so. You are trying to decide on a weapons policy for nonemployees (customers, vendors and the public) who come onto company property.

12 Case Study # 3 Issues to Consider: What are the pro s and con s of a company-wide policy restricting non-employees from bringing guns onto company property? What about different policies for different locations (e.g., urban vs. rural) within the same state? Does it matter what your competition does?

13 V. Employer Response Toolbox 1. Security Measures Bar unauthorized weapons from all facilities and other property Armed security Surveillance cameras Entrance security devices and procedures Annual Security Audit

14 V. Employer Response Toolbox 2. TRAINING: WARNING SIGNS AND RESPONSE Managers and supervisors Rank and file Crisis simulation and drills

15 V. Employer Response Toolbox 3. DEALING WITH INCIDENTS Emergency services Coordination with local law enforcement Employee contact and info tree Media and Public Relations Grief and crisis counseling EAP, ADA, FMLA, state leave laws and company policies

16 VI. GUNS IN THE WORKPLACE: EMPLOYER POLICY GUIDELINES Know and comply with state and federal law. Have a legally-compliant policy; distribute it; follow it; require compliance by all employees; zero tolerance for violations Post signage as required by law of gun free premises policy for employees, vendors, customers, guests and members of the general public Require emees to notify company security whenever they bring guns onto company property (if emees legally authorized to do so)

17 VI. GUNS IN THE WORKPLACE: EMPLOYER POLICY GUIDELINES Designate separate parking areas (with additional security) for employees with concealed weapons Train managers and supervisors re warning signs of potential violence Establish security protocols for on-site personnel actions such as suspensions and terminations Establish regular training for all emees re responding to workplace violence incidents (e.g., See something, say something ) Coordinate with local law enforcement

18 VII. WHO SPEAKS FOR THE EMPLOYER? CURRENT (AND POSSIBLE) LEGISLATION States that have laws that specifically allow employers or business owners to prohibit employees from carrying concealed weapons in vehicles parked in company parking lots. Approximately 9 states have laws that specifically allow employers or business owners to prohibit employees from carrying concealed weapons in vehicles parked in company parking lots.

19 VII. WHO SPEAKS FOR THE EMPLOYER? CURRENT (AND POSSIBLE) LEGISLATION States that have laws that allow employers to prohibit employees from carrying concealed firearms on company premises. Approximately 24 states have laws that allow employers to prohibit employees from carrying concealed firearms onto company premises.

20 VII. WHO SPEAKS FOR THE EMPLOYER? CURRENT (AND POSSIBLE) LEGISLATION Specific authorization for employers to require employees to register (notify security) whenever bringing concealed weapons on company property (including parking lots) Laws immunizing employers from liability for any injuries resulting from employees legally authorized to bring guns onto company property (parking lots) Laws specifically authorizing employers to discipline employees for violating company policy regarding weapons on company property.

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23 Jaffe D. Dickerson Shareholder Littler Mendelson, PC. Los Angeles, CA (310) Littler Mendelson, P.C.