Southwest Florida Employment Law Blog : Southwest Florida Employment and Labor Lawyers & Attorneys for Discrimination Lawsuits and Civil Rights Cases in Fort Myers, Bonita Springs & Sanibel FL

A couple of events prompted this post.  First, as I was driving to work last week, I saw a car sporting an "Insured by Smith & Wesson" bumper sticker.  Perhaps this will officially out me as an employment law nerd, but, being that it was on a vehicle, this bumper sticker made me think of Florida's Bring Gun to Work, which I've posted about before.  Interestingly (scarily?), that law (Fla. Stat. 790.251) is one of the most searched terms on this blog.

Then, as those of you in this area have undoubtedly heard, there was an incident in Naples where an Ave Maria School of Law student was arrested for attempted murder, after allegedly threatening to shoot and even shooting at two fellow law students. This story has received widespread media coverage.  Of course the local papers like the News-Press and Naples Daily News have covered it with multiple articles, but it was even picked up by national legal publications like the ABA Journal (article) and top legal blog Above the Law(article).

How is this relevant to you and your workplace?  Interestingly (to the employment law dork, at least!), the Above the Law article quotes Ave Maria's spokesperson, who said the school "doesn't have a policy regarding students who are arrested."  Now, this guy was a student, not an employee, but this quote still raises a whole host of issues in my mind.  Should you have a policy on arrests?  Should you have a policy on workplace violence?  What if your employee is arrested for a violent act after hours, remains employed, then later commits a violent act at work?

While I could go on at length about these and other issues implicated here, I want to focus on a couple of things you, as business owners and HR professionals, can -- and should -- do to address violence at your workplace.

More after the jump.

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Most employers know about Florida's "Bring Gun to Work" law, even if they do not agree with it.  The law, which is codified as Florida Statute Section 790.251 prevents employers (with a few exceptions) from banning firearms on their premises under certain conditions.  More specifically, if the employer has an employee with a concealed weapons permit, the employer cannot prohibit any customer, employee, or invitee from possessing a firearm on the employer's premises, so long as the firearm is lawfully possessed and locked inside a motor vehicle.  The law exempts schools, correctional institutions, nuclear power plants, defense contractors, and employers involved with explosive materials.

What most employers may not know, however, is that their employee handbooks must conform to Section 790.251.  Many employers have handbook policies that may prevent an employee from bringing a firearm to the workplace, often subjecting an employee to discipline or even termination for violation of the policy.  While employers are free to prohibit employees from bringing a firearm inside a building or displaying it out in the open, a covered employer cannot prohibit an employee from keeping a firearm locked in his or her vehicle.

Employers should take care to ensure their handbook policies comply with the statute.  Often it is a simple fix, one which will not require a wholesale revision or change of the policy.  For example, revise an old policy to state "Employees are strictly prohibited from possessing firearms on XYZ Corp's premises, except when in compliance with Section 790.251, Florida Statutes."  Adding the italicized clause keeps the policy in line with the statute, without requiring the employer to completely eliminate the ban on firearms in the workplace.

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The Shelter for Abused Women & Children in Naples recently launched a new website intended to assist victims of domestic violence, a recent Southwest Florida News-Press article reports. The website includes a variety of information, including tips on how victims can stay safe at work. Tips suggest, among other things, that victims show a picture of the abuser to supervisors/security guards, have telephone calls screened, and ask security or a coworker to escort the victim to his or her car.

These are good tips employers can use to help employees who may fall victim to domestic violence. It also provides us an opportunity to remind larger employers of an additional requirement: if an employer has 50 or more employees it is obligated to do more than simply assist its employee-victim.

Florida Statute 741.313 requires an employer who employs 50+ employees to permit an employee to take up to three working days of leave in any 12-month period to deal with domestic violence-related issues. This applies not only in situations where the employee is the victim of domestic violence, but also when a member of the employee’s family or household is the victim of domestic violence.

The law only covers employees who have worked for the employer for at least three months. The employee can use the leave to handle various legal and/or medical issues, including seeking a protective injunction against the abuser; obtaining medical care, mental health counseling, or services from a victim services organization; and securing the employee’s home or seeking new housing to escape the abuse. An employer is prohibited from discharging, demoting, suspending, or discriminating against an employee in any way for his or her exercise of rights under the statute.

Domestic violence leave may be with or without pay, at the employer’s discretion. Before receiving leave under the statute, the employee must exhaust all of his or her annual or vacation leave, personal leave, and/or sick leave if available, unless the employer waives this requirement.

Employers with 50 or more employees should include a domestic violence related leave policy in their employee handbook. This policy should address, among other things, whether the leave is paid or unpaid, and whether an employee must exhaust other types of leave before using domestic violence related leave. Employers should also take steps to ensure that any information regarding the request for domestic violence leave is kept confidential. Finally, all employers should take care to comply with any local codes or ordinances that may apply.

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