Employers often have questions about the actions they are permitted to take to promote a safe and productive work environment. Often these questions address topics such as visible tattoos and piercings, and weapons in the workplace. Here we address six areas in which employers may question their degree of control.

#1: Weapons

Employers have the right to prohibit employees from carrying weapons in the workplace, even if the employee has a concealed weapon permit. In some states, however, employees are allowed to store and transport their lawfully-possessed firearms in their locked personal vehicles on company parking lots. Employers should review their state law to ensure their weapons policies are compliant.

#2: Smoking and E-Cigarettes

Many states ban smoking in the workplace, certain outdoor spaces, and within a certain distance of entrances and ventilation systems. Regardless of the state, employers are free to prohibit smoking in their workplace and on company property. Employers may also prohibit e-cigarettes, which deliver a mixture of water and nicotine (or flavoring) in vapor form. In fact, some states have expressly included e-cigarettes in their indoor smoking bans.

#3: Visible Tattoos and Piercings

In general, employers have discretion when determining what restrictions to impose on body art. Employers must make sure, however, that their policies on body art, appearance and grooming standards are applied consistently, and do not create undue burdens for any protected class of employees. In addition, although employers have broad discretion in creating and enforcing dress code policies, they must be sure to provide reasonable accommodations as appropriate. For instance, under federal and some state laws, employers must provide a reasonable accommodation for an individual's sincerely held religious beliefs or practices, absent undue hardship. Since some religious practices involve tattoos and/or piercings, employers may be required to provide a reasonable accommodation for an employee's body art.

#4: Solicitation

Employers generally are permitted to prohibit solicitation on their premises by non-employees, as long as the policy is applied in a nondiscriminatory manner. A blanket policy that bars all solicitation by employees, however, may violate the National Labor Relations Act (NLRA), particularly if it bans union-related solicitations during non-work hours. Non-solicitation policies therefore must be carefully worded and consistently applied so as not to be construed to apply to employees during non-work hours. Employers should work with legal counsel when drafting non-solicitation policies.

#5: Gambling

Some states have enacted laws that specifically prohibit gambling in the workplace. Even in states that don't prohibit gambling, employers have the right to ban gambling in the workplace and on company property. It is a best practice to have a written policy that: 1) prohibits all forms of gambling in the workplace, 2) includes a definition and examples of gambling, and 3) indicates that employees who violate the policy may be subject to disciplinary action. Like all policies, it must be enforced consistently.

#6: Discussions About Pay

Employers are prohibited from having policies that prevent employees from discussing their pay, as well as other terms and conditions of employment, with co-workers. Under Section 7 of the NLRA, employees have, among other things, the right to act together to improve wages and working conditions and to discuss wages, benefits, and other terms and conditions of employment. These protections apply to both non-unionized and unionized employees. The NLRA covers virtually all employers.